Fiches Belges: Pays-Bas

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

Yes. 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

When the observation is asked in combination with an other measure: 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 and for cases where only observation is asked: - 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) - EU Convention on mutual assistance and cooperation between customs administrations (Napels II) - Several bilateral and multilateral treaties.

* receive the request/decision for judicial cooperation

Option 1: cross border surveillance: National Legal Assistance Centre (LIRC) Option 2: regional International Legal Assistance Centres (IRCs).

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

The National Public prosecutor (with the LIRC) is the only person who can authorize a cross border surveillance.

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.

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

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

a. Special requirements

It must be a written request, stating reasons; in case of urgency this can be done verbally, and then to be confirmed in writing within 3 days. In case of urgency an article 40 Schengen form is accepted for a request for cross border surveillance. This must be followed by a request for legal assistance or an EIO.

b. Other useful information

The use of technical device should be asked for (f.i. photo, video, GPS tracking) and can be permitted, but the recording of confidential communications is a separate measure. The warrant shall be issued for a period of maximum three months. It may be extended, in the interest of the investigation, each time for a period of maximum three months. If only cross border surveillance is asked, the Netherlands would also accept an EIO and regard that as a request for legal assistance.