Dutch Legislation

Chapter III

in force

Extradition procedure

Extradition Act (Uitleveringswet) · Articles: 38

Section A

Provisional detention

13 Article 13

Insofar as a treaty provides for this, the provisional arrest of a fugitive present in the Netherlands may be ordered, in the cases described in the…

13a Article 13a

A foreign national who has been arrested pursuant to Article 54, paragraph 5, of the Code of Criminal Procedure may be detained by order of a public…

14 Article 14

Every public prosecutor and assistant public prosecutor is authorised to order the provisional arrest of a fugitive in accordance with Article 13.

15 Article 15

The examining magistrate (rechter-commissaris) charged with the handling of criminal cases at the court of the district in which a fugitive has been…

16 Article 16

A fugitive whose detention has been ordered in accordance with Article 15 shall be released — without prejudice to the possibility of further…

16a Article 16a

If a fugitive has been placed in custody in the public bodies of Bonaire, Sint Eustatius and Saba in accordance with this section, the period of…

17 Article 17

Every decision taken pursuant to any of the provisions of Articles 13 up to and including 16a shall be notified to Our Minister without delay.

Section B

Adjudication of the petition for extradition

18 Article 18

A petition for extradition may only be taken into consideration if it complies with the requirements set forth in the following paragraphs of this…

19 Article 19

If, in the judgment of Our Minister, the submitted documents do not satisfy the requirements described in Article 18, or any further requirements set…

20 Article 20

Unless Our Minister is of the opinion that the petition for extradition must be rejected forthwith, he shall submit the petition, together with the…

21 Article 21

The public prosecutor who has received the request for extradition may order the arrest of the person claimed.

22 Article 22

Where the person claimed, on the day on which the public prosecutor receives the request for extradition, has already been placed in police custody…

22a Article 22a

If the requested person has been apprehended in the public bodies of Bonaire, Sint Eustatius and Saba, Article 21, paragraphs 3 and 4, shall not…

22b Article 22b

The public prosecutor who has received an extradition request for the purpose of criminal prosecution concerning a citizen of the Union who has…

23 Article 23

No later than the third day after the day on which he has received the request for extradition, the public prosecutor shall submit a written claim to…

24 Article 24

Immediately upon receipt of the claim referred to in Article 23, the presiding judge of the court shall, as a matter of priority, determine the time…

25 Article 25

The hearing of the person claimed shall take place in public, unless that person requests that the case be heard in camera, or the court orders the…

26 Article 26

The court shall examine the identity of the person claimed in the manner referred to in Article 27a, first paragraph, first sentence, of the Code of…

27 Article 27

Upon the claim of the public prosecutor, the court may order the detention of the requested person at the hearing.

28 Article 28

As soon as possible after the conclusion of the hearing, the court shall render its decision regarding the petition for extradition. The decision…

29 Article 29

Articles 50, paragraph 1, 260, paragraph 1, 268, 269, paragraph 5, 271, 272, 273, paragraph 3, 274 up to and including 277, 279, 281, 286, 288…

30 Article 30

The judgment of the court shall be served upon the person against whom the claim is directed who was not present at the time of its pronouncement. At…

31 Article 31

An appeal in cassation against the decision of the court regarding the petition for extradition may be lodged by both the public prosecutor and the…

32 Article 32

As soon as the judicial decision regarding the petition for extradition has become final and binding, the registrar of the court that last handled…

Section C

Decision on the petition for extradition

33 Article 33

After Our Minister has received the documents back in accordance with Article 32, he shall decide on the petition for extradition as soon as possible.

34 Article 34

Where Our Minister receives further documents within the period prescribed for that purpose, he may re-submit the case file to the public prosecutor…

35 Article 35

If two or more states have requested the extradition of the same person, Our Minister shall, when deciding on their requests—insofar as these are…

36 Article 36

Our Minister shall forthwith notify the public prosecutor at the court that has handled the petition of his decision regarding the petition for…

Section D

Continued deprivation of liberty and removal from the Netherlands

37 Article 37

A deprivation of liberty ordered pursuant to Article 27 shall be terminated—without prejudice to the possibility of further deprivation of liberty on…

38 Article 38

The term referred to in Article 37, paragraph 1, under b, may be extended for a maximum of thirty days at a time.

39 Article 39

Following the full or partial granting of the petition for extradition, the requested person shall be placed at the disposal of the authorities of…

40 Article 40

If this is necessary for the application of Article 39, paragraph 1 or 3, the person claimed shall be arrested by order of the public prosecutor…

Section E

Summary procedure

41 Article 41

The fugitive whose provisional arrest or extradition has been requested by another state may — no later than the day preceding the day determined in…

42 Article 42

After a statement has been made in accordance with Article 41, the public prosecutor may decide that the fugitive shall be placed at the disposal of…

43 Article 43

If the public prosecutor has decided, in accordance with Article 42, that the fugitive shall be placed at the disposal of the authorities of the…

44 Article 44

Following the day on which he has made the declaration referred to in Article 41, the fugitive may remain in custody or in police detention for a…

45 Article 45

In the event of the application of Article 42, paragraph 1, the public prosecutor shall, after consultation with the competent foreign authorities…

Section F

Right to legal aid

45a Article 45a

The requested person has the right to be assisted by legal counsel. Articles 28, 28a, 37, 38 and 43 up to and including 45 and 124 of the Code of…