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

Percheziţie corporală intimă (302)

1. MEASURE IMPLEMENTATION

Olanda

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

Invasive body search can entail for example x-ray, echoscope or an internal examination to find objects under the skin or in bodily orifices, or where samples are taken from inside or outside the body for example for DNA-analysis. X-ray, echoscope or an internal examination can be taken only on a voluntary base. The public prosecutor can take coercive measures for the taking of cell material destined for DNA-analysis. In that case the offence has to be related to an offence for which remand in custody can be demanded.

2. LEGAL FRAMEWORK

Olanda

International legal framework applicable for this measure in your Member State

- European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014); - 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

Upon the expressed request of the requesting authority in principle this will be allowed. The decision is up to the public prosecutor.

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

The examining magistrate: in case coercive measures have to be taken.

4. ACCEPTED LANGUAGES

Olanda

Accepted languages for the request/decision

- Concerning the European Investigation Order in criminal matters in Dutch or English. - Concerning the EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000), the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) and several bilateral and multilateral treaties one of the official languages of the Council of Europe, English or German or preferably a translation in the Dutch language.

5. EXECUTION DEADLINE

Olanda

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

- Yes, when concerning the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) according to the Directive; - Not applicable, when concerning EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) or several bilateral and multilateral treaties.

6. CONCISE LEGAL PRACTICAL INFORMATION

Olanda

a. Special requirements

- Suspect must have been arrested. - In the interest of the investigation.

b. Other useful information

The measure will be carried out in the Netherlands in accordance with national rules.

Last reviewed on 2 martie 2018 by Tools Correspondent

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