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

Accesul la documente publice conţinute în dosare judiciare (404)

1. MEASURE IMPLEMENTATION

Olanda

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

Yes, but execution of this measure cannot take place if the same suspects are being prosecuted by the requesting State for the same offences as for which they are being or has been prosecuted in the Netherlands. The term "case document" has no legal definition in Dutch law. It covers everything included in the criminal file or items that should be included. In principle, the accused or his counsel has the right to access all case documents. However in the interest of the investigation, access to certain documents may be denied. Anyone with a legal interest may have transcripts of the court's records, once a final judgement has been made in a criminal case.

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); - European Convention on mutual legal assistance (Strasbourg, 20 April 1959) - Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union.

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 measure can be executed in conformity with the procedure applicable in the requesting state but must be agreed in detail on the basis of the concrete case. The public prosecutor who is responsible for the specific criminal case is competent to authorize this measure.

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) and the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) 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) and the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959).

6. CONCISE LEGAL PRACTICAL INFORMATION

Olanda

a. Special requirements

Not applicable

b. Other useful information

The measure requested will always be carried out according to Dutch national law.

Last reviewed on 2 martie 2018 by Tools Correspondent

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