Fiches Belges: Pays-Bas

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

The suspects/accused persons have to be given security (not obliged to cooperate). Note: from the 1st of March 2016 onwards all suspects can have legal aid / assistance during the hearing by the police, according to new legal provisions, regarding implementation law of Directive 2013/48 (22 October 2013), following the Salduz jurisprudence.

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)

* 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 police, public prosecutor and the examining magistrate.

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

N/A

b. Other useful information

N/A