Measure Implementation

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

Regarding witnesses: 1) Videoconference as mentioned under article 10 of the EU 2000 Convention: In general witnesses are questioned in person by a (examining) magistrate. Nevertheless it is possible interviewing witnesses by video, especially in cases of sexual offences against children. The requesting State will have to argue the reason why a videoconference is preferable and it is not possible or desirable to interview the witness in person. In principle the witness will be summoned to appear for the video conference and after the witness has been put under oath, the judge of the requesting state will lead the interview. 2) A request for a videoconference not based on article 10 of the EU 2000 Convention or another treaty entered into force with the Netherlands in which the video conference has been arranged, is not possible. Nevertheless witnesses can be interviewed on a voluntary base by a video link. In that case the Dutch public prosecutor is in charge with the execution of the interview. Regarding suspect/accused persons: In accordance with Article 10 (9) the Kingdom of the Netherlands declares that the first subparagraph of Article 10 (9) will not be applied.

Legal Framework

International legal framework applicable for this measure in your Member State

EU Convention on Mutual Legal Assistance in Criminal Matters, Brussels, 29/05/2000 and the Additional Protocol of 16 October 2001

Competent Authority

* receive the request/decision for judicial cooperation

To receive the request, the competent authorities are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). To execute the request is the examining magistrate.

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)

N.A.

Concise legal practical information

Special requirements

When interviewed by a (examining) magistrate the witness is obliged to make a statement. In case of breach of the legislation the examining magistrate is empowered to remand the witness in custody for a period of 12 days. Notice: the right of the witness of declination to give evidence of relatives and a (former) spouse, based on an obligation of confidentiality, under danger of (self) incrimination, concerning the interview of a threatened witness.

Last reviewed on 10 May 2022 by EJN Secretariat

NEXT MEASURE

  • Summoning and hearing persons (A.10 - A.14)
  • A.13 Hearing: by telephone conference
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