Chapter III
in forceProcedure
Section A
Handling of foreign petitions for enforcement
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…
Unless Our Minister is of the opinion that the petition for enforcement should be dismissed forthwith, he shall submit it, together with the…
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
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
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…
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…
The claim referred to in Article 18 shall be brought before the police judge, unless, in the initial judgment of the public prosecutor
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…
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…
The police magistrate, the juvenile magistrate, and the military police magistrate each possess the powers vested in the presiding judge of a…
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…
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…
The public prosecutor and the convicted person are authorised, for the purposes of the investigation which the court is required to conduct pursuant…
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…
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…
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…
The court finds:
The court, deeming the enforcement admissible, grants leave for the enforcement of the foreign judicial decision and, with due observance of the…
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…
Both the public prosecutor and the convicted person may lodge an appeal in cassation against the decision of the court concerning the petition for…
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
If the sanction imposed in the foreign state exclusively concerns the payment of a fine, possibly under threat of a substitute sanction involving…
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…
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…
If the enforcement of substitute detention must be proceeded with, the public prosecutor shall, with a view to this, submit a claim in accordance…
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…
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…
The supervision to be exercised does not extend to compliance with special conditions, imposed in the decision underlying the petition, which are…
The public prosecutor shall notify Our Minister without delay of every serious breach of the conditions.
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…
Insofar as a treaty expressly provides for this, the enforcement or continued enforcement of a custodial sanction imposed in a foreign state may…
Unless Our Minister, with due observance of the applicable treaty, is of the opinion that the petition for enforcement must be dismissed forthwith…
The special chamber of the Arnhem-Leeuwarden Court of Appeal shall assess, with due observance of the applicable treaty:
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
Petitions as referred to in Section D, paragraph 2, which relate to judicial decisions rendered in default, are not eligible for granting, unless the…
A petition for the enforcement of a judicial decision rendered in default in the requesting state cannot be taken into consideration until this…
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…
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