Fiches Belges: Pays-Bas
Audition de suspects / inculpés: procédure normale (710) 1. MEASURE IMPLEMENTATION |
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.
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2. LEGAL FRAMEWORK |
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)
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3. COMPETENT AUTHORITY TO: |
* 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. |
4. ACCEPTED LANGUAGES |
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 |
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 |
a. Special requirements | N/A | b. Other useful information | N/A |
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