Fiches Belges

In cases where the suspect is caught red-handed in the commission of a criminal offence or where he is suspected of having committed a serious offence (preventive custody allowed for any criminal offence with a 4 year prison sentence), the public prosecutor may order for the purpose of seizure the surrender of seized closed packages, letters, documents and other writings, apparently destined for or sent by the suspect or person accused, or if they evidently are the subject of a criminal offense or were used in its commission. The public prosecutor may only examine the contents of the seized items, insofar as they are sealed, following authorization for that purpose from the examining magistrate.

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); - 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 regional IRCs) and the National Legal Assistance Centre (LIRC). The public prosecutor and the examining magistrate are the competent authorities to execute.

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).

The measure has to regard post (letters –packages – all types of mail), 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. It is important to thoroughly explain the necessity for the measure. The authorisation may be applied for and granted both verbally (in case of urgency) and in writing.