Fiches Belges: Netherlands

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. There are two options: A regular surveillance or a cross border surveillance. Following a person or observing his presence or behaviour systematically. - Suspicion of an indictable offence (preventive custody allowed for any criminal offence with a 4 year 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. The request for assistance (in advance) is directed to the national public prosecutor with the National Centre for International Legal Assistance (LIRC).

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: - 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); - Schengen Agreement (1985) - Several bilateral and multilateral treaties.

* receive the request/decision for judicial cooperation

Landelijk Internationaal Rechtshulpcentrum (LIRC - SPOC) Postal address: LIRC t.a.v. OM/ZTM Postbus 100 3970 AC Driebergen Nederland Tel (+31) 088 6629450 Fax (+31) 088 6629229 E-mail: LIRC-LP@politie.nl

* execute/recognise the measure (if other than the receiving authority)

The National Public prosecutor (with the National Centre for International Legal Assistance - LIRC) is the only person who can authorize a cross border surveillance. The executing authorities are the regional observation teams.

Accepted languages for the request/decision

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.

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

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

a. Special requirements

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.

b. Other useful information

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.