Fiches Belges

In case of controlled delivery the seizure of harmful or dangerous goods, e.g. firearms or drugs, is postponed until a later date. If a serious investigative interest is at stake the public prosecutor can give permission for a controlled delivery. This measure is regulated by a stringent approval procedure: a decision must be in advance presented to the Minister of Security and Justice. Controlled delivery may never result in harmful or dangerous goods entering freely on the Dutch market.

- European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014); -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 competent authority to receive the request are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). In case of a cross-border controlled delivery the national public prosecutor will first give permission. When the region of the delivery is known, the regional public prosecutor takes over. He finalizes the permission (or refuses).

Concerning the European Investigation Order in criminal matters in Dutch or English. One of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language.

When concerning the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) according to the Directive;

Guarantees for apprehension of the suspect and the final seizure of the goods must be stated in writing in the request. 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 it should meet the subsidiarity test (Article 5.4.19 Code of Criminal Procedure). In case of a controlled delivery through transit countries, permission has to be given by the judicial authorities of these transit countries. a) Possible object of controlled delivery: The possible object of controlled delivery are harmful or dangerous goods, e.g. firearms, contaminated soil or drugs. There is an absolute prohibition on human trafficking. b) Conditions under which it is possible to order the measure based on a request of foreign authority: 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 directive judicial requests concerning cross border surveillance 2006 A003 covers controlled deliveries. Laisser passer (doorlaten) is not allowed. However, in case of a serious investigative interest such as tactical or strategic reasons, seizure of goods can be postponed. Underlying this decision must always be the guarantee that the goods will be "controlled" (using covert surveillance) and seized at a later moment in time. Controlled delivery may never result in harmful or dangerous goods entering the Dutch/ foreign market freely. c) Competent authority to request the measure abroad: A public prosecutor (local or national) can ask for this measure. d) 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 and an EIO or MLAT has to request the measure. e) Do you insist on replacing the contents of the controlled consignment, or conversely, does the consignment need to have the original contents? After consultation and agreement, a (small) sample can be left, however most of the dangerous goods need to be seized and replaced (by dummy goods) because of the risk they pose.