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

Infiltrare de agenţi secreţi ai Statului solicitat (201)

1. MEASURE IMPLEMENTATION

Olanda

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

Yes. There are different types of infiltration defined by Dutch law: 1. Article 126j DCCP: Systematic undercover gathering of information on the suspect - Suspicion of serious offence; - In the interest of the investigation; - Applicable to the suspect; Executed by an investigating officer, possibly from abroad, subject to specific conditions. The duration is for a maximum of 3 months. Can be prolonged with 3 months (unlimited with view to the investigating needs). 2. Article 126i DCCP: Buying goods or telecom data from, or providing services to the suspect - Suspicion of indictable offence Art. 67 CCP ( 4 year prison sentence); - In the interest of the investigation; - Applicable to the suspect; Executed by an investigating officer, possibly from abroad, subject to specific conditions. The order states time or period. Prolongation is limited. 3. Article 126h DCCP: Joining or assisting a group of persons who are planning or committing offences (infiltration) - Suspicion of indictable offence Art. 67 CCP + breach of legal order - It must be urgently required by the investigation; - Applicable to a group of persons who are planning or committing offences. Executed by an investigating officer, possibly from abroad, subject to specific conditions. No statutory duration. The period of validity has to be stated in the order. It can be extended.

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); - European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959); - EU Convention on mutual assistance and cooperation between customs administrations (Napels II); - Several bilateral and multilateral treaties.

3. COMPETENT AUTHORITY TO:

Olanda

* receive the request/decision for judicial cooperation

The National Legal Assistance Centre (LIRC).

* execute/recognise the measure (if other than the receiving authority)

The public prosecutor with the National Public Prosecutors office. (Landelijk Parket)

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

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. Article 126h DCCP (infiltration) cannot be issued verbally. This measure is regulated by a stringent approval procedure that will take at least 2 weeks. 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 of the measure asked for. The measure of systematic undercover gathering of information on the suspect can only be issued for a maximum of three months. This period can be prolonged with tree months (unlimited with view to the investigating needs).For a prolongation an additional request is needed, in which the necessity for the prolongation is explained. Both other measures will be issued for a certain period, to be defined by the public prosecutor in his order. In the Netherlands we have the so called Tallon criterium. A person cannot be enticed by the investigating officer to perform a criminal act or omission other than he or she had already planned to do.

Last reviewed on 16 martie 2018 by Tools Correspondent

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