Fiches Belges: Países Bajos
Audiencia de menores (705) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes, this is possible. Reckon with limited capacity of the specially designed and manned interview studios. |
2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | EU Directive 2014/41/EU, with the European Investigation Order (EIO), was implemented in Dutch law, effective from June 17th 2017.
For countries who have not implemented this EU Directive:
European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 20/04/1959
Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters,
Strasbourg, 17/03/1978
EU Convention on Mutual Legal Assistance in Criminal Matters, Brussels, 29/05/2000
The Schengen Agreement (Schengen, 19 juni 1990)
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | The competent authorities are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). | * execute/recognise the measure (if other than the receiving authority) | Public prosecution service; execution by specially trained detectives of the juvenile and vice squad. |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | One of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language. |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | Hearing children as minor witnesses (not suspects) aged between 4 and 12 is possible if they have been witness to, or victim of a serious crime. Notice: the possibility of refusal of the persons having authority over the child or refusal by the child itself.
Under special circumstances (limitations/possibilities of the child) hearing of the child can take place when 12 until 14.
The interview is recorded on videotape (audio visual). A police report is drawn of the interview.
| b. Other useful information | N/A |
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