Fiches Belges: Netherlands
Tracing of telecommunications (102) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes, this technique is strictly regulated. It regards data about a user and (tele)communication traffic involving that user.
Suspicion of an indictable offence (preventive custody allowed for any criminal offence with a 4 year prison sentence);
- The measure must be required for the investigation;
It is applicable to a user of a (tele)communication service; not necessarily a suspect.
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2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | 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.
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | The competent authorities are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). | * execute/recognise the measure (if other than the receiving authority) | The public prosecutor |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | 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.
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5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | The deadlines mentioned in the EU Directive 2014/41/EU (EIO). |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | It must be a written request, and in case of urgency verbally, then to be confirmed in writing within 3 days.
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. | b. Other useful information | The data will be available for the period of 6 months, prior to the request. |
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