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

Interception of telecommunication - Art. 18 (2) (b) of the MLA Convention (106)

1. MEASURE IMPLEMENTATION

Olanda

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

Yes, the measure direct transfer of wire-tapping is possible based on a treaty. The criteria stated under 101 are applicable. The following conditions are applicable: - If the intercepted and directly transmitted telecommunications pertain to a user of telecommunications who is in the territory of the Netherlands, the conditions shall be attached to the transmission that data obtained from the interception of the telecommunications: a. insofar as said telecommunications contain statements made by or to a person who could assert privilege under Article 218 if he were to be asked about the content of these statements in the capacity of a witness, may not be used and should be destroyed; and b. may only be used for the criminal investigation in the context of which the request for mutual legal assistance was made and that prior permission must be requested and obtained for the use of said telecommunications for any other purpose.

2. LEGAL FRAMEWORK

Olanda

International legal framework applicable for this measure in your Member State

The 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);

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

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 to wiretap and that it has been issued OR the wiretap 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. - In Nl an authorization by an examining judge is required, also in the case of amending/adding/extending. According to the Dutch implementation law, implementing Article 28 and 29 of the Directive EIO, an additional ground for non-execution applies; if in a similar Dutch criminal case the application of the measure is not possible, this is a reason to refuse the EIO. 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 wiretap The wiretap order can only be issued for a maximum of four weeks. This period can be prolonged with four weeks (unlimited with view to the investigating needs).For a prolongation an additional request is needed, in which the necessity for the prolongation is explained. The request must entail: Name, telephone number and email address of the competent police operator who is responsible for the technical side of the measure (secure line).

Last reviewed on 16 martie 2018 by Tools Correspondent

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