Fiches Belges: Países Bajos

Is this measure possible in your Member State under International Judicial Cooperation?

Since the implementation of the EU Directive 2014/41/EU, the European Investigation Order (EIO), on June 17th 2017, this measre is possible in the Netherlands.

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.

* receive the request/decision for judicial cooperation

The competent authorities are the public prosecutor at the regional International Legal Assistance Centres (the regional IRCs) and the National Legal Assistance Centre (LIRC).

* execute/recognise the measure (if other than the receiving authority)

The examining judge, according to Article 5.4.13.

Accepted languages for the request/decision

Dutch or English

Deadlines for the execution of the request/decision (where applicable)

The deadlines mentioned in the EU Directive 2014/41/EU (EIO).

a. Special requirements

The consent of the suspect is required. The issuing Member State shall give information on the rights of the suspect according to the law of the issuing State. Questionning the suspect to stand trial is not possible, since this measure is not in compliance with the Directive. The aim should be to collect evidence, in the phase of the investigation and prosecution.

b. Other useful information

Temporary transfer of a detainee to another member state will only be possible if the goal is to gain evidence in the investigation and prosecution phase.