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: Olanda

Interceptarea şi înregistrarea altor forme de comunicaţie (103)

1. MEASURE IMPLEMENTATION

Olanda

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

The special investigative powers act offers the possibility to record other forms of communication, such as recording confidential communications with the aid of a technical device. - Suspicion of an indictable offence (preventive custody allowed for any criminal offence with a 4 year prison sentence and a breach of the legal order); - The measure must be urgently required for the investigation; - Applicable to any person; it is not a requirement for the suspect to be a party; When the location is an “enclosed space” * it regards an enclosed place as defined by Dutch law (a car f.i.); * dwelling, if urgently required by investigation + indictable offence subject to sentence of 8 years or more an authorization by an examining judge is required;

2. LEGAL FRAMEWORK

Olanda

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:

Olanda

* 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 and in case of a “enclosed space” the examining judge

4. ACCEPTED LANGUAGES

Olanda

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

Olanda

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

Olanda

a. Special requirements

- When using an EIO: no special requirements are needed. Otherwise: - There are two options: either the requesting authority states in the request the details of the order ‘record confidential communication’ and that it has been issued OR the court order is enclosed with the request. - 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. - If a dwelling must be entered, the warrant may not be issued verbally. - An authorization by an examining judge is required, also in the case of amending/adding/extending; 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

It is important to thoroughly explain the necessity for the recording of the confidential conversation. The order to record confidential conversation can only be issued for a maximum of four weeks. This period can be prolonged (unlimited with view to the investigating needs). For a prolongation an additional request is needed, in which the necessity for the prolongation is explained. Dutch law does not allow an order to be given with retroactive effect. Prior permission by the examining judge is compulsory.

Last reviewed on 16 martie 2018 by Tools Correspondent

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 RJE. Toate drepturile rezervate.