Measure Implementation

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

Regarding witnesses: A summons issued to a witness aiming him on her to appear and give evidence before the court. Procedural documents intended for persons who are in the territory of the Netherlands, can be sent to them directly by post. Regarding suspect/accused persons: To appear in court in a criminal case against him or her:

Legal Framework

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 20/04/1959 Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 17/03/1978 EU Convention on Mutual Legal Assistance in Criminal Matters, Brussels, 29/05/2000 The Schengen Agreement (Schengen, 19 juni 1990)

Competent Authority

* receive the request/decision for judicial cooperation

In case direct sending of the documents is not possible, the request for serving of a judicial document can be sent to the regional International Centre for Legal Assistance (IRC); article 5 EU Convention on Mutual Legal Assistance in Criminal Matters, Brussels, 29/05/2000. The competent authorities are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). For the execution to summon a witness: the police is competent in case of a request for legal assistance.

Accepted languages

Accepted languages for the request/decision

One of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language.

Execution deadline

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

Summonses have to be sent within a reasonable time before the date of the court session. No special terms are applicable.

Concise legal practical information

Special requirements

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Last reviewed on 7 November 2022 by EJN Secretariat

NEXT MEASURE

  • Summoning and hearing persons (A.10 - A.14)
  • A.11 Hearing: standard procedure (when a person appears personally)
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