Fiches Belges: Netherlands
Enforcement of a Financial Penalty (902) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes, we will handle a certificate based on the FD 2005/214. |
2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | -The FD 2005/214 has been implemented in the Netherlands in a national law, called WWETGC (Wet wederzijdse erkenning en tenuitvoerlegging geldelijke sancties en beslissingen tot confiscatie) of 27 September 2007. Since the amendment of the law on June 1st 2009 the applicability has been enlarged to decisions on confiscation (FD 2006/783).
-European Convention on the international validity of criminal judgements of 28 May 1970.
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | -Regarding the FD 2005/214:
Centraal Justitieel Incasso Bureau (CJIB - CA)
Tel (+31) 058 2343700
Fax (+31) 058 2342870
E-mail centralauthority@cjib.minjus.nl
Postal address Postbus 185
8900 AD Leeuwarden
-Regarding the Convention of 28 May 1970:
Ministry of Security and Justice
AIRS, The Hague
Office of International Affairs and Legal Assistance
In criminal matters
Tel (+31) 703707314
Postal address: Box 20301, 2500 EH The Hague
| * execute/recognise the measure (if other than the receiving authority) | The same authority as mentioned under section 3.a. |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | Regarding the FD 2005/214: the certificate should be in English or Dutch.
With regard to the Convention of 28 May 1970, article 19, paragraph 2:
Documents submitted to the Kingdom of the Netherlands, where not drawn up in Dutch, French, English or German, should be accompanied by a translation into one of the above four languages.
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5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | - |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | The double criminality will not be checked in case of a list-offence.
The list of FD 2005/214 is broader that the list of FD 2006/786 – confiscation. There will be no check on dual criminality in cases of a traffic offence or a theft.
| b. Other useful information | - |
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