Fiches Belges: Netherlands

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.

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.

* 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.

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.

Deadlines for the execution of the request/decision (where applicable)

The deadlines mentioned in the EU Directive 2014/41/EU (EIO).

a. Special requirements

N/A

b. Other useful information

N/A