Fiches Belges: Países Bajos

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

Yes, this is considered a technical device during a (cross border) surveillance. There are two options: A regular surveillance or a cross border surveillance. Following a person or observing his presence or behaviour systematically. - Suspicion of an indictable offence (preventive custody allowed for any criminal offence with a 4 year prison sentence); - The measure must be in the interest of the investigation; A specific person (i.e. not only the suspect) The measure is not applicable to objects such as containers.

International legal framework applicable for this measure in your Member State

- European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014); - EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); - European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959); - Schengen Agreement (1985) - Several bilateral and multilateral treaties

* 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)

The public prosecutor with the regional centre for legal assistance (IRCs) for regular surveillance. The National Public prosecutor (with the National Centre for International Legal Assistance – the LIRC) is the only person who can authorize a cross border surveillance.

Accepted languages for the request/decision

Concerning the European Investigation Order in criminal matters in Dutch or English. One of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language.

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

- Yes, when concerning the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) according to the Directive;

a. Special requirements

N/A

b. Other useful information

It is standard procedure that a Dutch surveillance team take over at the border from a foreign surveillance team, when the subject enters Dutch soil. A foreign police officer can join the Dutch surveillance team if the foreign state requests this.