Fiches Belges

As part of the investigation of an offence, a non-suspect may be ordered by the Public Prosecutor to produce or hand over documents or information, if these documents have to be used as evidence before a court or to determine illegally obtained profits. In certain cases the Public Prosecutor will need to gain the approval of the Examining Magistrate before being allowed to give the order. For different crimes/orders there are varying thresholds. Someone who is suspected or has been accused of a crime is not obliged to produce or hand over documents in a criminal case against him/herself.

- 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).

The competent authorities to receive a request are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). The police is the executing authority.

- 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.

- When concerning the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) the deadline that applies is the one 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).

The measure requested will be carried out according to Dutch national law and can be taken only for criminal offences for which remand in custody can be demanded.