Dutch Legislation

Chapter 3

in force

Conditional sentencing, conditional release and community service orders

Mutual Recognition of Custodial Sanctions Act (WETS) (Wet wederzijdse erkenning en tenuitvoerlegging vrijheidsbenemende en voorwaardelijke sancties) · Articles: 23

Section 1

General provisions

3:1 Article 3:1

This chapter applies to judicial decisions:

3:2 Article 3:2

Eligible for recognition and enforcement in the Netherlands or transmission to another Member State of the European Union are judicial decisions in…

3:3 Article 3:3

The Public Prosecution Service is authorised to recognise a judicial decision received from the issuing Member State, with a view to enforcement in…

Section 2

Recognition and enforcement of foreign judicial decisions in the Netherlands

3:4 Article 3:4

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

3:5 Article 3:5

The consent of the Public Prosecution Service to the transmission of the judicial decision is not required if the convicted person has his permanent…

3:6 Article 3:6

The Public Prosecution Service may, whether or not at the request of the convicted person, request or consent to the transmission of a judicial…

3:7 Article 3:7

The judicial decision shall be sent by the competent authority of the Member State of origin to the Public Prosecution Service, accompanied by a…

3:8 Article 3:8

The Public Prosecution Service shall process the judicial decision and the certificate.

3:9 Article 3:9

The Public Prosecution Service shall decide on the recognition of the judicial decision within a period of sixty days after receipt of the…

3:10 Article 3:10

The Public Prosecution Service shall recognise the judicial decision and, if necessary, apply Article 3:11, unless there are grounds to refuse…

3:11 Article 3:11

If the obligation imposed on the convicted person, the probationary period, the time limit within which the obligation must be fulfilled, or the…

3:12 Article 3:12

The Public Prosecution Service shall refuse the recognition of the judicial decision if:

3:13 Article 3:13

The Public Prosecution Service may refuse the recognition of the judicial decision if:

3:14 Article 3:14

After the judicial decision has been recognised, the Public Prosecution Service shall ensure that it is executed as soon as possible, in accordance…

3:15 Article 3:15

The enforcement of the judicial decision shall not extend beyond the supervision of compliance with the obligations imposed upon the convicted…

3:16 Article 3:16

The Public Prosecution Service may transfer the responsibility for the enforcement of the judicial decision to the issuing Member State if:

3:17 Article 3:17

The Public Prosecution Service shall inform the competent authority of the issuing Member State without delay, in a form that allows for written…

Section 3

Recognition and enforcement of Dutch judicial decisions abroad

3:18 Article 3:18

A Dutch judicial decision may be transmitted to the executing Member State for the purpose of enforcement therein, provided that the competent…

3:19 Article 3:19

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

3:20 Article 3:20

The Public Prosecution Service shall send the judicial decision, accompanied by a completed certificate, directly to the competent authority of the…

3:21 Article 3:21

As long as the enforcement of the judicial decision in the executing Member State has not commenced, the Public Prosecution Service may withdraw the…

3:22 Article 3:22

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

3:23 Article 3:23

The public prosecutor shall, without delay and in a form which allows for written record, inform the competent authority of the executing Member…