Measure Implementation

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

Visit (entering) of a home is, under certain circumstances, possible for a civilian and for a police officer to apprehend a suspect. The public prosecutor can perform a search of the premises, but not the residence. An exceptional situation is found in the residence or office belonging to a person who has the right to refuse to give evidence in court, e.g. family, doctors, solicitors. For those cases the public prosecutor needs an authorization of the examining magistrate. An examining magistrate is competent to carry out a thorough search of any place. An investigation officer or the police may perform a search in a vehicle. Notice: in general: search is possible in case of more serious crimes. Special rules are applicable in case of criminal financial investigation, drugs related crime and weapon offences.

Legal Framework

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); 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

The competent authority to receive are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). The examinating judge will execute the search.

Accepted languages

Accepted languages for the request/decision

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.

Execution deadline

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

The timelimits of the Directive 2014/41 apply.

Concise legal practical information

Special requirements

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Last reviewed on 11 May 2022 by EJN Secretariat

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