Fiches Belges

1. A notification, about the intention to intercept or the interception of telecommunications of a user who is in the territory of the Netherlands must be promptly forwarded to the public prosecutor of the LIRC. In case of the EIO: annex C. 2. This public prosecutor places the notification in the hands of the examining magistrate. 3. The examining magistrate shall take a decision on the application, within 48 hours. 4. If the authorisation is granted, the public prosecutor shall inform the authorities from whom the notification was received, within 96 hours that permission is granted for the intended interception or the interception of telecommunications of a user who is in the territory of the Netherlands. The public prosecutor shall attach to said permission the conditions set by the examining magistrate and the conditions that the data obtained by intercepting the telecommunications of the user during his stay in the Netherlands: a. insofar as said telecommunications contain statements made by or to a person who could assert privilege under section 218 if he were to be asked about the content of these statements in the capacity of a witness, may not be used and should be destroyed, and b. may only be used for the criminal investigation in the context of which the notification was given and that prior permission must be requested and obtained for any other purpose.

The EU Directive 2014/41/EU, with the European Investigation Order (EIO), was implemented in Dutch law, effective from June 17th 2017. For countries who have not implemented this EU Directive: - EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000);

The competent authorities are the regional International Legal Assistance Centres (the regional IRCs) and the National Legal Assistance Centre (LIRC). The public prosecutor at the IRC is the competent authority to execute the EIO/MLA.

When using an EIO: Dutch or English. Otherwise: one of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language.

The deadlines mentioned in the EU Directive 2014/41/EU (EIO).

According to the Dutch implementation law, implementing Article 28 and 29 of the Directive EIO, an additional ground for non-execution applies; if in a similar Dutch criminal case the application of the measure is not possible, this is a reason to refuse the EIO. Furthermore the public prosecutor can choose another measure then asked for in the EIO, if the requested measure does not exist in Dutch law or would not be applicable. The order of the examining magistrate can only be issued for a maximum of four weeks. a) Conditions under which it is possible to order the measure based on a request of foreign authority - A notification, about the intention to intercept or the interception of telecommunications of a user who is in the territory of the Netherlands must be promptly forwarded to the national public prosecutor of the LIRC. – This public prosecutor has to apply to the investigating judge for permission to intercept. - The investigating judge shall take a decision on the application. - If the authorization is granted, the public prosecutor shall inform the authorities from whom the notification was received, within the time limit 96 hours that permission is granted for the intended interception or the interception of telecommunications of a user who is in the territory of the Netherlands. The public prosecutor shall attach to said permission the conditions set by the investigating judge and the conditions that the data obtained by intercepting the telecommunications of the user during his stay in the Netherlands: a. insofar as said telecommunications contain statements made by or to a person who could assert privilege under section 218 if he were to be asked about the content of these statements in the capacity of a witness, may not be used and should be destroyed, and b. may only be used for the criminal investigation in the context of which the notification was given and that prior permission must be requested and obtained for any other purpose. b) Competent authority to request the measure abroad: On application of the prosecutor, the investigating judge can give authorization for a period of four weeks. c) Conditions of admissibility of outcomes of this measure as evidence in your country as requesting state: The measure has to be admissible in the requested state. All incoming Annex C forms have to be send to the National Coordinating Centre for International Legal Assistance