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

Examinări tehnice ori ştiinţifice sau expertize (305)

1. MEASURE IMPLEMENTATION

Olanda

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

Yes, but only in case that the expert volunteers to cooperate. A formal letter of request is not necessary in case it concerns a request to the Dutch Forensic Institute and the penal matter has no further relations to the Netherlands. In that case the request can be forwarded to: Nederlands Forensisch Instituut, Postbus 24044 2490 AA DEN HAAG (See: www.forensischinstituut.nl). In this context a statement of an expert means his learned opinion in his field of expertise in oral or in writing expressed at a hearing or during the preliminaries.

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

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 or the examining magistrate on request of the public prosecutor in case the expert has to be heard under oath.

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)

- In general no legal deadlines are applicable working agreements have been made between the various executing partners, the Prosecution Service/courts. - With regard to the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) deadlines set by the Directive should be met.

6. CONCISE LEGAL PRACTICAL INFORMATION

Olanda

a. Special requirements

The measure can be executed in conformity with the procedure applicable in the requesting state unless this is agreed in detail on the basis of a concrete case. Upon the expressed request of the requesting authority foreign authorities may attend the hearing in the Netherlands. In principle this will be allowed but the decision is up to the executing judicial authority.

b. Other useful information

Measures will be carried out according to Dutch national law.

Last reviewed on 2 martie 2018 by Tools Correspondent

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