Fiches Belges: Netherlands
Hearing witnesses: standard procedure (702) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Witnesses can be interviewed by the police and customs on a voluntarily basis. When interviewed by a (examining) magistrate the witness is obliged to make a statement. In case of breach of the legislation the examining magistrate is empowered to remand the witness in custody for a period of 12 days.
Notice: the right of the witness of declination to give evidence of relatives and a (former) spouse, based on an obligation of confidentiality, under danger of (self) incrimination, concerning the interview of a threatened witness.
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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:
See section 701, 2.
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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) | Police, public prosecutor, examining magistrate. |
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. |
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 | N/A | b. Other useful information | N/A |
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