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

Livrări controlate (804)

1. MEASURE IMPLEMENTATION

Olanda

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

Yes. In case of controlled delivery the seizure of harmful or dangerous goods, e.g. firearms or drugs, is postponed until a later date. If a serious investigative interest is at stake the public prosecutor can give permission for a controlled delivery. This measure is regulated by a stringent approval procedure: a decision must be in advance presented to the Minister of Security and Justice. Controlled delivery may never result in harmful or dangerous goods entering freely on the Dutch market.

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); - 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 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)

In case of a cross-border controlled delivery the national public prosecutor will first give permission. When the region of the delivery is known, the regional public prosecutor takes over. He finalizes the permission (or refuses).

4. ACCEPTED LANGUAGES

Olanda

Accepted languages for the request/decision

Concerning the European Investigation Order in criminal matters in Dutch or English. 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)

- Yes, when concerning the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) according to the Directive;

6. CONCISE LEGAL PRACTICAL INFORMATION

Olanda

a. Special requirements

Guarantees for apprehension of the suspect and the final seizure of the goods must be stated in writing in the request. 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 it should meet the subsidiarity test (Article 5.4.19 Code of Criminal Procedure).

b. Other useful information

In case of a controlled delivery through transit countries, permission has to be given by the judicial authorities of these transit countries.

Last reviewed on 16 martie 2018 by Tools Correspondent

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 RJE. Toate drepturile rezervate.