Dutch Legislation

Title 4

in force

Europees onderzoeksbevel

Code of Criminal Procedure (Sv) (Wetboek van Strafvordering) · Articles: 40

Section None

Obligations from a source other than tort or contract

6:6:2:19 Article 6:6:2:19

Placement of the person upon whom the measure of placement in an institution for habitual offenders has been imposed shall take place in an…

6:6:2:20 Article 6:6:2:20

Our Minister may at any time terminate the measure of placement in an institution for habitual offenders.

6:6:2:21 Article 6:6:2:21

Further rules regarding the provisions of this Title shall be laid down by or pursuant to an Order in Council. These further rules shall in any event…

6:6:3:14 Article 6:6:3:14

The Public Prosecution Service is charged with the supervision of compliance with:

6:6:3:15 Article 6:6:3:15

If there are serious grounds to suspect that a condition, measure or instruction as referred to in Article 6:3:14 is not being complied with, or if…

6:6:4:21 Article 6:6:4:21

If, in the case of an order as referred to in Article 14a of the Code of Criminal Procedure, the payment of a security deposit has been imposed as a…

6:6:6:25 Article 6:6:6:25

The Public Prosecution Service may file a claim to be authorised to apply the coercive measure of civil imprisonment (gijzeling) against the…

6:6:6:26 Article 6:6:6:26

The court may, upon the claim of the Public Prosecution Service, or upon a written and reasoned petition of the convicted person or of an aggrieved…

6:6:6:27 Article 6:6:6:27

Within fourteen days after the former suspect or convicted person has become aware of the decision on a petition submitted in accordance with Article…

Section 1

Het Europees onderzoeksbevel

5.4.1 Article 5.4.1

A European Investigation Order is a decision issued by a judicial authority of a Member State of the European Union, with the exception of Denmark…

Section 2

Uitvoering van een Europees onderzoeksbevel

5.4.2 Article 5.4.2

The public prosecutor is authorised to recognise and execute a European Investigation Order.

5.4.3 Article 5.4.3

Subject to recognition is a European Investigation Order which contains at least the following information:

5.4.4 Article 5.4.4

Recognition or execution of a European Investigation Order shall be refused when, after consultation with the issuing state and after the issuing…

5.4.5 Article 5.4.5

The public prosecutor shall ensure the prompt execution of a European Investigation Order that is eligible for recognition and execution, with the…

5.4.6 Article 5.4.6

The public prosecutor may suspend the recognition and execution of the European Investigation Order if:

5.4.7 Article 5.4.7

For the execution of a European Investigation Order, investigative powers may be applied under the same conditions as those under which they may be…

5.4.8 Article 5.4.8

If this is necessary or desirable for the execution of the order, the public prosecutor shall submit the European Investigation Order, insofar as…

5.4.9 Article 5.4.9

The public prosecutor shall make the results of the execution of the European Investigation Order available to the issuing authority as soon as…

5.4.10 Article 5.4.10

The person concerned from whom objects have been seized or data has been demanded in the context of the execution of a European Investigation Order…

5.4.11 Article 5.4.11

Officials of the issuing state who are present in the Netherlands in the context of the execution of a European Investigation Order shall, with…

5.4.12 Article 5.4.12

If the public prosecutor is of the opinion that the costs for the execution of a European Investigation Order may be considered exceptionally high…

Section 3

Nadere regeling van de uitvoering van enkele onderzoeksbevoegdheden

5.4.13 Article 5.4.13

The examining magistrate is authorised to execute a European Investigation Order which aims to have a witness or expert who is located on the…

5.4.14 Article 5.4.14

The public prosecutor is authorised to execute a European Investigation Order concerning the temporary transfer of a person who is lawfully deprived…

5.4.15 Article 5.4.15

The public prosecutor is authorised to execute a European Investigation Order that concerns the temporary transfer of a person in custody in the…

5.4.16 Article 5.4.16

The public prosecutor may grant permission for the transit through Dutch territory of a person who has been deprived of their liberty in another…

5.4.17 Article 5.4.17

A European Investigation Order for the interception of telecommunications may, in addition to Article 5.4.4, be refused if, in a similar Dutch…

5.4.18 Article 5.4.18

If the public prosecutor receives a notification regarding the interception of telecommunications by means of the form in Annex C to Directive…

5.4.19 Article 5.4.19

A European Investigation Order relating to the requesting of future data, controlled delivery or infiltration may, in addition to Article 5.4.4, also…

5.4.20 Article 5.4.20

The public prosecutor shall decide as soon as possible, and in any event within 24 hours of receipt, on the recognition and execution of a European…

Section 4

Uitvaardiging van een Europees onderzoeksbevel

5.4.21 Article 5.4.21

The public prosecutor, the examining magistrate or a court may, as an issuing authority, issue a European Investigation Order for the application of…

5.4.22 Article 5.4.22

The issuing authority shall complete the European Investigation Order in Annex A to Directive 2014/41/EU.

5.4.23 Article 5.4.23

The issuing authority shall transmit the European Investigation Order, completed in accordance with Articles 5.4.21 and 5.4.22, directly to the…

5.4.24 Article 5.4.24

If a European Investigation Order concerns the freezing of evidence by foreign authorities, it shall be stated whether the evidence is to be…

5.4.25 Article 5.4.25

A European Investigation Order may be issued to have a witness or expert who is located in the territory of the executing state heard by…

5.4.26 Article 5.4.26

A European Investigation Order may be issued for the purpose of the surrender by the executing Member State of a person who is lawfully deprived of…

5.4.27 Article 5.4.27

A European Investigation Order may be issued for the temporary transfer of a person who has been deprived of his liberty in the Netherlands to the…

5.4.28 Article 5.4.28

A European Investigation Order may be issued for the purpose of intercepting telecommunications pursuant to Articles 126m or 126t. If the order can…

5.4.29 Article 5.4.29

The public prosecutor shall transmit the form in Annex C to Directive 2014/41/EU to the competent authority of another Member State if an order for…

5.4.30 Article 5.4.30

Further rules may be established by or pursuant to an Order in Council regarding the issuance, recognition and execution of European Investigation…

5.4.31 Article 5.4.31

Rules may be established by ministerial regulation regarding the collection and provision of data concerning the implementation of the provisions of…