In cases of cross-border crimes, countries cooperate through international legal assistance. This includes matters such as extradition, transfer of criminal proceedings, and mutual assistance in investigation and prosecution.
Types of International Legal Assistance
Extradition
A suspect or convicted person may be surrendered to another country for criminal prosecution or enforcement of a sentence. Within the EU, this is regulated via the European Arrest Warrant (EAW).
Mutual Legal Assistance
Countries assist each other in criminal investigations, inter alia, by:
- Interrogating witnesses
- Sharing relevant documents
- Conducting house searches
- Requesting financial records
Transfer of Prosecution
A country may transfer the prosecution of a case to another country, for example, if the suspect resides there.
Enforcement of Sentence in Home Country
A convicted person may serve their sentence in their home country in accordance with the Act on the Transfer of Enforcement of Criminal Judgments (WOTS).
Arrangements within the EU
Within the European Union, there are streamlined procedures, such as:
- The European Arrest Warrant (EAW)
- The European Investigation Order
- Mutual recognition of criminal judgments
Grounds for Refusal
The Netherlands may refuse international legal assistance in situations such as:
- Offences of a political nature
- Risk of the death penalty
- Violation of the ne bis in idem principle (double jeopardy)
- Violation of fundamental human rights
Frequently Asked Questions about Legal Assistance
When can someone be extradited from the Netherlands?
The Netherlands may extradite someone upon a valid request from another country, provided the statutory requirements are met. This often applies to serious crimes such as murder or drug trafficking. Within the EU, this proceeds via the EAW, which is a faster procedure. Extradition is refused in case of risk of the death penalty or human rights violations.
How does the European Arrest Warrant function?
The EAW is an expedited procedure for extradition within the EU. The Netherlands must generally surrender a suspect within 90 days if another EU country issues an EAW. Refusal is possible in cases of discrimination or if the person has already been prosecuted for the same offence.
Can I serve a foreign sentence in the Netherlands?
Yes, via the WOTS, the Netherlands may take over a foreign judgment if you are Dutch or reside here. A request for this must be submitted to the authorities, who will assess its feasibility.
What if I am arrested abroad?
If arrested abroad, you are entitled to assistance from the Dutch embassy. They can arrange legal aid and facilitate contact with family. The Netherlands may become involved via extradition or transfer of the case.
What rights do I have as a witness in an international case?
As a witness, you are entitled to protection against intimidation. Interrogations may take place via video link or in person. You may refuse to testify if this poses risks to yourself or others.
Local Information in Utrecht
For legal support in Utrecht, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. In addition, the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1, handles cases relating to international legal assistance and criminal matters.