Chapter III
in forceExtradition procedure
Section A
Provisional detention
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…
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…
Every public prosecutor and assistant public prosecutor is authorised to order the provisional arrest of a fugitive in accordance with Article 13.
The examining magistrate (rechter-commissaris) charged with the handling of criminal cases at the court of the district in which a fugitive has been…
A fugitive whose detention has been ordered in accordance with Article 15 shall be released — without prejudice to the possibility of further…
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…
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
A petition for extradition may only be taken into consideration if it complies with the requirements set forth in the following paragraphs of this…
If, in the judgment of Our Minister, the submitted documents do not satisfy the requirements described in Article 18, or any further requirements set…
Unless Our Minister is of the opinion that the petition for extradition must be rejected forthwith, he shall submit the petition, together with the…
The public prosecutor who has received the request for extradition may order the arrest of the person claimed.
Where the person claimed, on the day on which the public prosecutor receives the request for extradition, has already been placed in police custody…
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…
The public prosecutor who has received an extradition request for the purpose of criminal prosecution concerning a citizen of the Union who has…
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…
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…
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…
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…
Upon the claim of the public prosecutor, the court may order the detention of the requested person at the hearing.
As soon as possible after the conclusion of the hearing, the court shall render its decision regarding the petition for extradition. The decision…
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…
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…
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…
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
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.
Where Our Minister receives further documents within the period prescribed for that purpose, he may re-submit the case file to the public prosecutor…
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…
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
A deprivation of liberty ordered pursuant to Article 27 shall be terminated—without prejudice to the possibility of further deprivation of liberty on…
The term referred to in Article 37, paragraph 1, under b, may be extended for a maximum of thirty days at a time.
Following the full or partial granting of the petition for extradition, the requested person shall be placed at the disposal of the authorities of…
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
The fugitive whose provisional arrest or extradition has been requested by another state may — no later than the day preceding the day determined in…
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…
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…
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…
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
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…