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Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Pays-Bas

Repérage des télécommunications (102)

1. MEASURE IMPLEMENTATION

Pays-Bas

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

Yes, this technique is strictly regulated. It regards data about a user and (tele)communication traffic involving that user. Suspicion of an indictable offence (preventive custody allowed for any criminal offence with a 4 year prison sentence); - The measure must be required for the investigation; It is applicable to a user of a (tele)communication service; not necessarily a suspect.

2. LEGAL FRAMEWORK

Pays-Bas

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: - 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); - Several bilateral and multilateral treaties.

3. COMPETENT AUTHORITY TO:

Pays-Bas

* 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

4. ACCEPTED LANGUAGES

Pays-Bas

Accepted languages for the request/decision

When using an EIO: Dutch or English Otherwise: 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

Pays-Bas

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

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

6. CONCISE LEGAL PRACTICAL INFORMATION

Pays-Bas

a. Special requirements

It must be a written request, and in case of urgency verbally, then to be confirmed in writing within 3 days. Furthermore the public prosecutor can choose another measure then asked for in the EIO, if the requested measure does not exist in Dutch law or would not be applicable.

b. Other useful information

The data will be available for the period of 6 months, prior to the request.

Last reviewed on 16 mars 2018 by Tools Correspondent

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