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

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Olanda

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

In the Netherlands it is possible to transfer the execution of a custodial sentence with countries that have implemented the FD 2008/909. With regard to countries that have not yet implemented this FD, we can take over the execution of a sentence based on the applicable conventions (1970, 1983 or 1991).

2. LEGAL FRAMEWORK

Olanda

International legal framework applicable for this measure in your Member State

The FD 2008/909 has been implemented in the Netherlands by the national law, called the WETS. In this law it is assessed that this law is only applicable with regard to sentences that have become irrevocable after 5 December 2011 (transitional provision: article 5:2 par 3 WETS). In order to execute a sentence from an EU member state that has become irrevocable before 05.11.2011 we will have to apply one of the old Conventions that regulate the transfer of sentences (Convention on the Transfer of sentenced persons of 21 March 1983 , or the Convention of 28 May 1970 or the Convention of 13 November 1991). Article 68 Schengen Agreement, or Art 2 Additional Protocol Convention 21.03.1983 apply, in case the convicted person has fled from the execution of the sentence.

3. COMPETENT AUTHORITY TO:

Olanda

* receive the request/decision for judicial cooperation

Ministry of Justice and Security - Dienst Justitiele Inrichtingen - Internationale Overdracht Strafvonnissen (DJI IOS - CA) Tel (+31) 088 0725962 Fax (+31) 088 0725874 E-mail IOS@dji.minjus.nl Postal address P.O. Box 30132 2500 GC The Hague

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

The Court of Appeal in Arnhem will pass a judgement to the minister of justice and security who will decide on the recognition of the certificate. This Court of Appeal will adjust the penalty when it exceeds the maximal penalty possible according to Dutch legislation. Only in the situation that the convicted person had been surrendered to the executing state by the Dutch authorities based on a European Arrest Warrant, the Court of Appeal is entitled to adjust the sentence according to Dutch standards.

4. ACCEPTED LANGUAGES

Olanda

Accepted languages for the request/decision

English or Dutch

5. EXECUTION DEADLINE

Olanda

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

The minister decides on a certificate within 90 days after receipt. A prolongation is possible, in case of exceptional circumstances.

6. CONCISE LEGAL PRACTICAL INFORMATION

Olanda

a. Special requirements

The convicted person should have residence in the Netherlands.

b. Other useful information

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Last reviewed on 16 martie 2018 by Tools Correspondent

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