When, in case of an urgency, the article 40 Schengen form is used, the LIRC would like to receive afterwards an EIO or an legal request for legal assistance.
If, apart from the observation, another measure is needed, an EIO is needed.
a) Possible subject of observation/surveillance (suspect only, or also other persons):
Suspects and other persons of interest to the investigation, for instance: co travelers, members of the criminal organization etc.
b) Conditions under which it is possible to order the measure based on a request of foreign authority:
Surveillance by law enforcement of a person as part of a criminal investigation and continuing that surveillance into a third (party) country. Cross-border surveillance is only permitted in relation of a suspected crime.
The measure can only be applied when there is a suspicion of serious offences in which the suspect can undergo pretrial detention. Generally speaking this means all serious offences with a four year or more prison sentence.
The measure must be in the interest of the investigation; A specific person (i.e. not only the suspect) The measure is not applicable to objects such as containers (it is possible to ask for the measure for a unknown person, and then connect it to the object).
The request for assistance (in advance) is directed to the national public prosecutor with the National Centre for International Legal Assistance (LIRC).
c) Competent authority to request the measure abroad: The public prosecutor
d) Conditions of admissibility of outcomes of this measure as evidence in your country as requesting/issuing state :
The measure has to be admissible in the requested state. In case of an article 40 request. this has to be formalized by a Request for International Legal Assistance
e) If a technical record is being made not only of the movement of the surveilled person, but there is also an audio/video recording, please clarify, whether your law stipulates a different procedure than indicated above:
Recording of a confidential communication by means of technical equipment constitutes intrusive and covert surveillance. This coercive measure requires prior permission from an investigating judge and cannot be requested retrospectively. It can only be requested through an EIO. In case of emergency the National prosecutor can contact an investigating judge with an oral request 24/7. An Annex C form does not apply.
Contact 1
Name: National Coordinating Centre for International Legal Assistance (LIRC) (available from Monday to Friday from 8.00 – 17.00)
E-mail: LIRC-LP@politie.nl
Phone number: +31 88 662 9450
Contact 2
Name: Cross-border Surveillance Coordination Centre (LCGO - law enforcement) (24/7 available)
E-mail: LCGO@politie.nl
Phone number: +31 88 662 9417
Both the public prosecutor and the investigating judge are available 24/7 in case of extreme urgency. You can reach the public prosecutor through LCGO.
It is standard procedure that a Dutch surveillance team take over at the border from a foreign surveillance team, when the subject enters Dutch soil. A foreign police officer can join the Dutch surveillance team if the foreign state requests this.