Chapter 2

in force

Deprivation of liberty sanctions

Mutual Recognition of Custodial Sanctions Act (WETS) (Wet wederzijdse erkenning en tenuitvoerlegging vrijheidsbenemende en voorwaardelijke sancties) · Articles: 37

Section 1

General provisions

2:1 Article 2:1

This Chapter applies to judicial decisions in which a custodial sanction has been imposed on the convicted person that is enforceable.

2:2 Article 2:2

Our Minister is authorised to recognise a judicial decision received from the issuing Member State, with a view to enforcement in the Netherlands.

Section 2

Recognition and enforcement of foreign judicial decisions in the Netherlands

2:3 Article 2:3

A judicial decision rendered in the Member State of origin may be recognised and enforced in the Netherlands if:

2:4 Article 2:4

The consent of Our Minister to the transmission of the judicial decision is not required if:

2:5 Article 2:5

The consent of the convicted person to the transmission of the judicial decision is not required if:

2:6 Article 2:6

Our Minister may, whether or not at the request of the convicted person, request or consent to the transmission of a judicial decision rendered in…

2:7 Article 2:7

The judicial decision shall be sent by the competent authority of the issuing Member State to Our Minister, accompanied by a completed certificate…

2:8 Article 2:8

Our Minister shall process the judicial decision and the certificate.

2:9 Article 2:9

If the convicted person is in the Netherlands, Our Minister shall notify him of the transmission of the certificate and the judicial decision by…

2:10 Article 2:10

Our Minister shall decide on the recognition of the judicial decision within a period of ninety days after receipt of the certificate.

2:11 Article 2:11

Unless Our Minister is of the opinion immediately that there are grounds to refuse the recognition of the judicial decision, he shall forward the…

2:12 Article 2:12

Our Minister shall decide on the recognition of the judicial decision, taking into account the opinion of the special chamber of the court of appeal.

2:13 Article 2:13

Recognition of the judicial decision shall be refused if:

2:14 Article 2:14

Recognition of the judicial decision may be refused if:

2:15 Article 2:15

After the judicial decision has been recognised, Our Minister shall ensure that it is executed as soon as possible, in accordance with the rules of…

2:16 Article 2:16

If the sentenced person is in the issuing Member State, Our Minister shall agree with the competent authority of that State on the date on which the…

2:17 Article 2:17

The convicted person shall not be prosecuted, punished or restricted in his personal liberty in any other way in the Netherlands in respect of acts…

2:18 Article 2:18

Our Minister shall, without delay and in a form that allows for it to be recorded in writing, inform the competent authority of the issuing Member…

2:19 Article 2:19

The convicted person who is present in the Netherlands may be arrested if there are reasonable grounds to expect that a custodial sanction will be…

2:20 Article 2:20

The examining magistrate in the district where the convicted person has been placed in police custody may, upon the motion of the public prosecutor…

2:21 Article 2:21

The convicted person whose detention has been ordered shall be released:

2:22 Article 2:22

The examining magistrate may, of their own motion, upon the demand of the public prosecutor, or at the request of the convicted person, order that…

2:23 Article 2:23

Orders for police custody, detention, or the suspension, stay, or termination of detention issued pursuant to Articles 2:19 up to and including 2:22…

Section 3

Recognition and enforcement of Dutch judicial decisions abroad

2:24 Article 2:24

A Dutch judicial decision may be transmitted to the executing Member State, for the purpose of enforcement therein, if:

2:25 Article 2:25

The transmission of the judicial decision may take place without the consent of the competent authority of the executing Member State if:

2:26 Article 2:26

The transmission of the judicial decision may take place without the consent of the convicted person if:

2:27 Article 2:27

Our Minister shall provide the convicted person with the opportunity to express their opinion regarding the intention to transmit a judicial decision…

2:28 Article 2:28

Our Minister shall send the judicial decision, accompanied by a completed certificate, directly to the competent authority of the executing Member…

2:29 Article 2:29

Our Minister may request the competent authority of the executing Member State to arrest the convicted person or to take other measures to prevent…

2:30 Article 2:30

Our Minister may revoke the certificate, provided that the enforcement of the judicial decision in the executing Member State has not yet commenced…

2:31 Article 2:31

If the convicted person is in the Netherlands, Our Minister shall agree with the competent authority of the executing Member State on the date on…

2:32 Article 2:32

The right of enforcement in the Netherlands of the judicial decision transmitted to the executing Member State shall be suspended during the period…

2:33 Article 2:33

Our Minister shall notify the competent authority of the executing Member State without delay of any decision or measure that results in the judicial…

2:34 Article 2:34

Our Minister may, upon the request of the competent authority of the executing Member State, grant permission for the prosecution, punishment, or any…

Section 4

Passage

2:35 Article 2:35

Convicted persons who, for the purpose of the enforcement of a judicial decision, are being transferred from one Member State of the European Union…

2:36 Article 2:36

During transport across Dutch territory, the custody of the convicted person shall be entrusted to Dutch officials, who are authorised to take all…

2:37 Article 2:37

The consent of Our Minister, referred to in Article 2:35, paragraph 1, is not required for transport by air during which no landing is made on Dutch…