The measure has to regard electronic evidence, that are either from the suspect or for him as addressor or are linked to him or are part of the criminal act or have aided and abetted in the criminal act.
The public prosecutor can effect the seizure, the examining judge can peruse the contents or the public prosecutor after authorisation of the examining judge.
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.
When using an EIO: no special requirements are needed.
Otherwise:
- There are two options: either the requesting authority states in the request the details of the order to wiretap and that it has been issued OR the wiretap order is enclosed with the request.
- It must be a written request, stating reasons; in case of urgency this can be done verbally, and then to be confirmed in writing within 3 days.
- In Nl an authorization by an examining judge is required, also in the case of amending/adding/extending.
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.