Dutch Legislation

Chapter III

in force

Procedure

Transfer of Sentence Enforcement Act (WOTS) (Wet overdracht tenuitvoerlegging strafvonnissen) · Articles: 41

Section A

Handling of foreign petitions for enforcement

14 Article 14

If, in the opinion of Our Minister, the documents submitted by the foreign state are insufficient to reach a decision on a petition for enforcement…

15 Article 15

Unless Our Minister is of the opinion that the petition for enforcement should be dismissed forthwith, he shall submit it, together with the…

16 Article 16

If the public prosecutor, having received the petition for enforcement, is of the opinion that it is not eligible for granting or that there is…

Section B

Handling of Dutch petitions for the enforcement in the Netherlands of sanctions imposed in a foreign State

17 Article 17

Where a foreign state has consented to the enforcement of a sanction imposed by it in the Netherlands, Our Minister shall place the documents…

Section C

Judicial proceedings

18 Article 18

The public prosecutor shall, within two weeks of the day on which he has received the documents referred to in Article 15 or 17, submit a written…

19 Article 19

The public prosecutor may, in accordance with rules to be established by order in council, invoke the cooperation of persons and bodies active in the…

20 Article 20

The claim referred to in Article 18 shall be brought before the police judge, unless, in the initial judgment of the public prosecutor

21 Article 21

The claim referred to in Article 18 shall, if the convicted person has not yet reached the age of eighteen years at that time, be brought before the…

22 Article 22

If the claim referred to in Article 18 concerns a person as referred to in Article 2 of the Military Criminal Procedure Act, the proceedings shall be…

23 Article 23

The police magistrate, the juvenile magistrate, and the military police magistrate each possess the powers vested in the presiding judge of a…

24 Article 24

As soon as possible after receipt of the petition referred to in Article 18, the presiding judge of the court shall determine the time at which the…

25 Article 25

The clerk of the court shall, without delay, notify the public prosecutor and the convicted person of the time set for the hearing of the petition…

26 Article 26

The public prosecutor and the convicted person are authorised, for the purposes of the investigation which the court is required to conduct pursuant…

27 Article 27

The hearing of the claim shall take place in the presence of the public prosecutor. The convicted person shall be given the opportunity to be present…

28 Article 28

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

29 Article 29

Upon the claim of the public prosecutor, the court may, at the hearing, order the detention of the convicted person in cases where provisional arrest…

30 Article 30

The court finds:

31 Article 31

The court, deeming the enforcement admissible, grants leave for the enforcement of the foreign judicial decision and, with due observance of the…

31a Article 31a

Leave for the enforcement of a sanction imposed in a foreign state aimed at the deprivation of unlawfully obtained advantage may be limited to the…

32 Article 32

Both the public prosecutor and the convicted person may lodge an appeal in cassation against the decision of the court concerning the petition for…

33 Article 33

As soon as the judicial decision regarding the admissibility of the enforcement has become final and conclusive, the registrar of the court that last…

Section D

Extrajudicial proceedings

34 Article 34

If the sanction imposed in the foreign state exclusively concerns the payment of a fine, possibly under threat of a substitute sanction involving…

35 Article 35

The decision taken pursuant to Article 34 and the date on which the amount determined therein must be paid shall be notified to the convicted person…

36 Article 36

Decisions as referred to in Article 34 may be enforced as soon as they have been taken, unless the applicable treaty provides otherwise. The filing…

37 Article 37

If the enforcement of substitute detention must be proceeded with, the public prosecutor shall, with a view to this, submit a claim in accordance…

38 Article 38

If the public prosecutor, to whom a petition for the assumption of the supervision of compliance with conditions imposed on a convicted person in a…

39 Article 39

If the public prosecutor deems there to be grounds to issue an order for the provision of assistance and support to the convicted person, he shall…

40 Article 40

The supervision to be exercised does not extend to compliance with special conditions, imposed in the decision underlying the petition, which are…

41 Article 41

The public prosecutor shall notify Our Minister without delay of every serious breach of the conditions.

42 Article 42

The public prosecutor shall, subject to the provisions of Article 16, ensure that action is taken in accordance with Section C of this Chapter if…

43 Article 43

Insofar as a treaty expressly provides for this, the enforcement or continued enforcement of a custodial sanction imposed in a foreign state may…

43a Article 43a

Unless Our Minister, with due observance of the applicable treaty, is of the opinion that the petition for enforcement must be dismissed forthwith…

43b Article 43b

The special chamber of the Arnhem-Leeuwarden Court of Appeal shall assess, with due observance of the applicable treaty:

43c Article 43c

If Our Minister has granted the petition for enforcement, he shall issue the instruction for the enforcement or continued enforcement of the…

Section E

Enforcement of decisions rendered in default

44 Article 44

Petitions as referred to in Section D, paragraph 2, which relate to judicial decisions rendered in default, are not eligible for granting, unless the…

45 Article 45

A petition for the enforcement of a judicial decision rendered in default in the requesting state cannot be taken into consideration until this…

46 Article 46

If the convicted person has lodged a valid objection in accordance with Article 45 with a view to its consideration in the requesting state, the…

47 Article 47

The convicted person who has lodged a valid objection in accordance with Article 45 with a view to its consideration in the Netherlands shall, as…

Section F

Special forms of enforcement