Fiches Belges: Pays-Bas

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

Yes. A team, set up by two or more States, consisting of investigative officers of these States, meant to carry out, for a specific purpose and a limited period (which may be extended), criminal investigations in one or more of the States that set up the team [see Art. 13 EU convention on MLA in criminal matters].

International legal framework applicable for this measure in your Member State

EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); - EU Convention on mutual assistance and cooperation between customs administrations (Napels II); - United Nations convention against transnational organized crime (Palermo, 2000); - Convention on cybercrime (Budapest, 2001); - United Nations convention against corruption (2005);

* 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 [who is (or will be) involved in the investigation for which the JIT is to be set up].

Accepted languages for the request/decision

Dutch and English

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

N/A

a. Special requirements

As a rule the (part of the) investigation carried out in Dutch territory must conform with Dutch law. However measures requested for, by an other State, can be executed as defined with the procedure of that State, provided such procedures are not contrary to the fundamental principles of Dutch law.

b. Other useful information

For the purpose of a JIT, participation of agents of the States, involved is a "conditio sine qua non". The concrete role and powers of the "foreign" agents on Dutch territory are to be agreed between the competent authorities of the States setting up the JIT. According to Dutch law foreign agents (too) are obliged to testify before a court or examining judge about their investigations, if so decided.