Fiches Belges

Only in case that the expert volunteers to cooperate. A European Investigation Order or a formal letter of request is not necessary in case it concerns a request to the Dutch Forensic Institute and the penal matter has no further relations to the Netherlands. In that case the request can be forwarded to: Nederlands Forensisch Instituut, Postbus 24044 2490 AA DEN HAAG (See: www.forensischinstituut.nl). In this context a statement of an expert means his learned opinion in his field of expertise in oral or in writing expressed at a hearing or during the preliminaries

- 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); - Several bilateral and multilateral treaties.

The competent authority to receive the EIO/MLA are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). Competent to execute is the Public Prosecutor or the Examining Magistrate on request of the Public Prosecutor in case the expert has to be heard under oath.

- 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), the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) and several bilateral and multilateral treaties one of the official languages of the Council of Europe, English or German or preferably a translation in the Dutch language.

- In general no legal deadlines are applicable working agreements have been made between the various executing partners, the Prosecution Service/courts. - With regard to the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) deadlines set by the Directive should be met.

The measure can be executed in conformity with the procedure applicable in the requesting state unless this is agreed in detail on the basis of a concrete case. Upon the expressed request of the requesting authority foreign authorities may attend the hearing in the Netherlands. In principle this will be allowed but the decision is up to the executing judicial authority. Measures will be carried out according to Dutch national law.