Fiches Belges

There are different types of infiltration defined by Dutch law: 1. Article 126j DCCP: Systematic undercover gathering of information on the suspect - Suspicion of serious offence; - In the interest of the investigation; - Applicable to the suspect; Executed by an investigating officer, possibly from abroad, subject to specific conditions. The duration is for a maximum of 3 months. Can be prolonged with 3 months (unlimited with view to the investigating needs). 2. Article 126i DCCP: Buying goods or telecom data from, or providing services to the suspect - Suspicion of indictable offence Art. 67 CCP ( 4 year prison sentence); - In the interest of the investigation; - Applicable to the suspect; Executed by an investigating officer, possibly from abroad, subject to specific conditions. The order states time or period. Prolongation is limited. 3. Article 126h DCCP: Joining or assisting a group of persons who are planning or committing offences (infiltration) - Suspicion of indictable offence Art. 67 CCP + breach of legal order - It must be urgently required by the investigation; - Applicable to a group of persons who are planning or committing offences. Executed by an investigating officer, possibly from abroad, subject to specific conditions. No statutory duration. The period of validity has to be stated in the order. It can be extended.

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); - European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959); - EU Convention on mutual assistance and cooperation between customs administrations (Napels II); - Several bilateral and multilateral treaties.

The National Legal Assistance Centre (LIRC).The public prosecutor with the National Public Prosecutors office is competent. (Landelijk Parket)

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).

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. Article 126h DCCP (infiltration) cannot be issued verbally. This measure is regulated by a stringent approval procedure that will take at least 2 weeks. 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. It is important to thoroughly explain the necessity of the measure asked for. The measure of systematic undercover gathering of information on the suspect can only be issued for a maximum of three months. This period can be prolonged with tree months (unlimited with view to the investigating needs).For a prolongation an additional request is needed, in which the necessity for the prolongation is explained. Both other measures will be issued for a certain period, to be defined by the public prosecutor in his order. In the Netherlands we have the so called Tallon criterium. A person cannot be enticed by the investigating officer to perform a criminal act or omission other than he or she had already planned to do.