Key Benefits:
Law of 29 April 2004 implementing the Framework Decision of the Council of the European Union on the European arrest warrant and the surrender procedures between Member States of the European Union (Oversupply Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that the implementation of the Framework Decision of the Council of the European Union on the European Arrest Warrant and the surrender procedures between the Member States of the European Union of 13 June 2002 were to be implemented. (2002/584/JHA), published in the Official Journal of the European Communities L 190 of 18 July 2002, necessaresa new rules for the surrender of persons between Member States of the European Union and related to that other forms of legal assistance;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purpose of this Act:
(a) surrender: the posting of a person by the judicial authorities of one Member State to the judicial authorities of another Member State of the European Union for the benefit of either of a Member State of that Member State against him criminal investigations, either the execution of a custodial sentence or measure that has been imposed on him;
b. European Arrest Warrant: the written decision of a judicial authority of a Member State of the European Union on the arrest and surrender of a person by the judicial authority of another Member State;
(c) custodial sentences: punishments by the courts with a deprivation of liberty and the measures to be imposed on the detention of deprivation of liberty by the courts, either in addition to or in lieu of a sentence;
d. claimed person: the person on whom a European arrest warrant, an alert in the Schengen Information System or via Interpol relates to arrest and surrender;
Prosecutor: to the extent so stated, any prosecutor, and by the way, the district attorney at the arrondissementsparket of Amsterdam;
f. Judge-Commissioner: the Judge-Commissioner, in charge of the handling of criminal matters, in the Amsterdam court;
g. Court: the court of Amsterdam;
h. Our Minister: Our Minister of Justice;
i. issuing judicial authority: the judicial authority of a Member State of the European Union, under national law, responsible for the issue of a European arrest warrant;
(j) issuing Member State shall mean the Member State of the European Union to which the issuing judicial authority operates;
(k) enforcement judicial authority: the judicial authority of a Member State of the European Union, under national law, has the power to take the decision to surrender on the basis of a European arrest warrant;
(l) executing Member State: the Member State of the European Union to which the executing judicial authority operates;
Convention implementing the Convention for the implementation of the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on 14 June 1985 on the gradual abolition of checks at the common borders, Schengen, 19 June 1990 (Trb. 1985, 101);
2000: the Convention, adopted by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, Brussels, 29 May 2000 (Trb. 2000, 96).
1 A European arrest warrant may be issued only because of offences punishable by the law of the issuing Member State and on which a custodial sentence has been lodged with a maximum of at least 12 months or if a sentence or sentence has been lodged or measure has been imposed, if it has a duration of at least four months.
2 A European arrest warrant shall be issued in accordance with Annex 2 model drawn up by this Law and must, in any event, contain the following information:
a. The identity and nationality of the person sought;
(b) the name, address, telephone number and fax number and electronic mailing address of the issuing judicial authority;
(c) an indication that an enforcement order, an arrest warrant or any other equivalent judicial decision, which is subject to enforcement, exists;
d. the nature and legal classification of the offence, taking into account, in particular, Article 7, first paragraph, part a, below 1 ° ;
e. a description of the circumstances under which the offence was committed, indicating, inter alia, the time, place and degree of involvement of the requested person in the offence;
f. the penalty or measure imposed, where an irrevocable judgment exists, or the criminal threat which is in force in the issuing Member State for the fact in question;
g. if possible, other consequences of the offence.
3 The European arrest warrant shall be translated into the official language or one of the official languages of the executing Member State, or in the language used by that Member State in an official language of the Member State of the General Secretariat of the Council of the European Union; declared a statement.
1 The European arrest warrant may, if the whereabouts of the requested person are known, be sent directly by the issuing judicial authority to the executing judicial authority in the Member State of residence.
2 Direct transmission as referred to in paragraph 1 shall not be permitted in cases where a Member State has designated a central authority for the transmission or receipt of European arrest warrants.
3 The transmission may take place by ordinary mail, telefax or, provided there is a possibility of determining the authenticity of the provenance, by electronic mail.
1 The issuing judicial authority may decide to make the person claimed to be identified in the Schengen Information System, in accordance with Article 95 of the Schengen Convention.
2 For the purposes of the identification and arrest of a Member State of the European Union which does not have access to the Schengen Information System, the issuing judicial authority may also decide to identify the person claimed via Interpol.
3 An alert referred to in paragraphs 1 and 2 shall be followed immediately after the person who has been claimed has been found to be followed by the transmission of the European arrest warrant to the Article 3 Said authority.
4 An alert referred to in paragraph 1 shall be treated as a European arrest warrant for the purposes of this Law, provided that it contains all the information provided for in that paragraph. Article 2, second paragraph They're included.
Surrender shall be made only to the issuing judicial authorities of other Member States of the European Union and subject to compliance with or pursuant to this Law.
1 Transfer of a Dutchman may be granted in so far as it has been requested for a criminal investigation directed against him and in the judgment of the executing judicial authority, is guaranteed that, if he is facts in respect of which surrender may be granted in the issuing Member State to an unconditional custodial sentence, he shall be entitled to the same sentence in the Netherlands.
2 The transfer of a Dutchman shall not be authorized if it has been requested for the purpose of implementing a custodial sentence imposed by an irrevocable judgment.
3 In case of refusal of surrender solely on the basis of the provisions of the second paragraph, the prosecutor shall inform the issuing judicial authority of the willingness to take over the execution of the judgment.
4 The D.A. shall inform our Minister without delay of any surrender under the guarantee of return as referred to in paragraph 1 and any refusal to surrender under the preparation for the execution of the judgment. to take over the foreign judgment referred to in the third paragraph.
5 The first to paragraph 4 shall also apply to a foreigner who has a residence permit for an indefinite period, to the extent that he can be prosecuted in the Netherlands for the facts underlying the European arrest warrant. In so far as it is expected that he does not lose his right of residence in the Netherlands as a result of a penalty or measure imposed upon him after surrender.
1 Transfer can only be granted for the benefit of:
(a) a criminal investigation established by the authorities of the issuing Member State in relation to the presumption that the person claimed has, in the opinion of the issuing judicial authority, pleaded guilty to:
1º. a criminal offence designated under the law of the issuing Member State which also applies to the Annex 1 the list of documents accompanying the law of the issuing Member State has been subject to a custodial sentence of not less than three years; or
another fact which is punishable by the law of the issuing Member State and that of the Netherlands, and on which a custodial sentence has been lodged with a maximum of at least 12 months;
(b) the enforcement of a custodial sentence of four months, or of a longer duration, by having the person claimed to be in the territory of the issuing Member State because of a fact such as below 1 ° or 2 °.
2 The list referred to in paragraph 1 (a) (1) of the first paragraph may, where the Council of the European Union decides to extend or alter the offences referred to therein, be revised by a general measure of management. The nomination for this general measure of management shall not be done earlier than four weeks after the draft has been submitted to both Chambers of the States General.
3 For the purposes of application of paragraph 1 (a) (2), a criminal offence under Dutch law shall include a fact that has infringed the legal order of the requesting State, whereas under the Dutch law, the same infringement of the Dutch legal order is punishable.
4 Article 51a of the extradition law shall be applicable mutatis mutandis to surrender between the Member States of the European Union.
In the case of custodial sentences of a duration longer than 12 months, the application of this law shall be treated as a lifelong custodial sentence and custodial sentences of indefinite duration.
1 Transfer of the requested person shall not be allowed for any fact on the subject of which:
a. Against him a criminal prosecution in the Netherlands is under way;
b. he in the Netherlands has been prosecuted but renewed persecution is ruled out on the grounds of Article 255, first or second paragraph , or Article 255a, first or second paragraph, of the Code of Criminal Procedure , or in the Netherlands, the right to criminal proceedings has expired because he has complied with the conditions laid down by the D.A. at the beginning of the hearing in order to prevent criminal proceedings;
(c) he cannot be prosecuted under the law of another Member State as a result of an irrevocable decision taken in that Member State in respect of the same fact;
(d) he has been acquitted or dismissed by the Netherlands Judge or dismissed from legal proceedings, or in respect of a corresponding irrevocable decision by a judge of another Member State of the European Union or of a third country has been taken;
e. he has been convicted in a judicial res judiced, in cases where:
1º. the penalty or measure imposed has already been passed on;
2º. the penalty or measure imposed shall no longer be open to implementation or to further enforcement;
3º. the conviction constitutes a statement of debt without imposing punishment or measure;
4º. the penalty or measure imposed in the Netherlands is to be served;
f. could be exercised under Dutch law, but because of limitation no prosecution, or, if the surrender has been requested for the purpose of implementing a penalty or measure, no longer can be punished.
2 Part (a) of the first paragraph suffers from the exception in cases where our Minister, after consulting the public prosecutor, ordered the prosecution to cease proceedings prior to the decision to surrender.
3 Part b of the first paragraph suffers from the exception in cases where the persecution has been suspended in the Netherlands, either because the Dutch criminal law has been terminated on the basis of one of the Articles 2 to 8d of the Penal Code did not appear to be applicable, or because of the preference given abroad.
Surrender is not allowed if the claimed person has not reached the age of 12 years at the time of committing the offence.
Surrender is not allowed in cases where, in the court's view, there is a presumption based on facts and circumstances, that acceptance of the request would lead to a flagrant violation of fundamental rights. of the person concerned, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, which was established in Rome on 4 November 1950.
Surrender is not permitted if the European arrest warrant seeks to execute a judgment while the accused did not appear in person at the hearing that led to the verdict, unless in the case The European arrest warrant shall state that, in accordance with the procedural rules of the issuing Member State:
a. The accused has been summoned in a timely and timely way and has been informed thereof of the date and place of the hearing at the hearing which led to the decision or otherwise actually officially notified the date and the place of treatment at the hearing so that it is unequivocally established that he was aware of the intended hearing and was informed of the fact that a judgment may be delivered if he did not receive at the hearing appears; or
b. the defendant was aware of the treatment at the hearing and an attorney appointed by him or a publicly assigned lawyer has authorized his defence and that that lawyer has his defence for the hearing. lined; or
c. the accused after the judgment was served on him and he was expressly informed of his right to a deportation proceedings or appeal proceedings, in which he has the right to be present and during which the case is again on the merits of shall be treated and new evidence accepted, which may lead to revision of the original judgment:
1 °. expressly stated that he did not contest the judgment; or
2 °. has not been appealed or appealed within the prescribed period; or
d. Judgment not in person to the defendant has been served, but:
1. after his surrender will be served in person without delay and he shall be expressly informed of his right to a deportation proceedings or appeal proceedings, in which he has the right to be present, to which the case is once again the substance is being dealt with and new evidence is allowed, which may lead to a revision of the original judgment and
2. he shall be informed of the period within which he is to sign opposition or appeal, as specified in the European arrest warrant concerned.
1 In the cases referred to in Article 12, part d , the person who has been issued the European arrest warrant and who has not yet been officially notified of the criminal proceedings brought against him may be addressed either directly or through the public prosecutor ' s office. Requesting a copy of the judgment which is the basis of the European arrest warrant, issuing authority.
2 After the Prosecutor has received a copy of the judgment of the issuing judicial authority, he shall without delay provide this to the person against whom the European Arrest Warrant has been issued.
3 A request as referred to in paragraph 1 and the time of delivery of the copy of the judgment cannot prejudice the handling of the European arrest warrant within the period of Article 22 set deadlines.
1 Delivery shall not be allowed if the European arrest warrant relates to a criminal offence which:
a. It is deemed to be wholly or partly committed on board a Dutch vessel or aircraft on Dutch territory or outside the Netherlands; or
b. has been committed outside the territory of the issuing State, while no prosecution could be established under Dutch law if the fact of the case outside the Netherlands were committed.
2 Upon application by the district attorney, other than a refusal of surrender is waived solely under the first paragraph, under a or b, unless, in the judgment of the court, the district attorney is not in reasonableness of his claim You can have it.
1 Surrender is not allowed than under the general clause, that the claimed person will not be prosecuted, punished or in any other manner restricted in his personal liberty, in relation to facts prior to the time of his surrender. have been committed and for which he has not been surrendered, unless:
(a) the person claimed, although he had the option to do so, not within 45 days of his final release, leaving the territory of the Member State to which he was surrendered, or if he left the territory after having left the territory has returned to it;
b. the facts have not been threatened with a custodial sentence;
c. the criminal prosecution does not lead to the application of any measure restricting liberty;
d. it concerns the implementation of a custodial sentence other than a custodial sentence, including a replacement penalty including overtaking custody;
e. the unclaimed person has expressly agreed to a prosecution after his surrender; or
f. To that end, prior authorisation shall be requested to the D.A. and obtained.
2 Reproduction is also not authorised under the general clause that the person claimed will not be placed at the disposal of the authorities of another Member State of the European Union in respect of facts prior to the time of the day of application of the contract. his surrender has been committed, unless:
(a) the person claimed, although he had the option to do so, not within 45 days of his final release, leaving the territory of the Member State to which he was surrendered, or if he left the territory after having left the territory has returned to it;
b. the requested person has expressly agreed to it after his surrender; or
(c) prior authorisation shall be sought for that purpose from the D.A. and obtained.
3 The prosecutor shall, at the request of the issuing judicial authority and on the basis of the European arrest warrant submitted, give the consent referred to in point (f) of the first paragraph, or point (c) of the first paragraph. for acts for which surrender could have been granted under this Act. In any event, the decision on a request shall be taken within 30 days of receipt of the request.
4 Surrender is not permitted, moreover, than under the general clause, that the person claimed will not be made available to the authorities of a third State in relation to facts which are before the time of his surrender. Unless prior authorisation is requested for that purpose, our Minister and he is obtained.
On the basis of an alert as referred to in Article 4, first and second paragraphs , the provisional arrest may be ordered by a person in the Netherlands who is an unclaimed person.
A foreigner who is based on the Article 54, fourth paragraph, of the Code of Criminal Procedure On the orders of the officer or auxiliary prosecutor of the court of justice in the district where he was arrested, he may be detained if there are reasonable grounds for the expectation that an alert be issued to him without delay in Article 4, first and second paragraphs , will be done, or a European arrest warrant will be received. Article 61, first and third paragraphs of that Code shall apply mutatis mutandis.
1 Each prosecutor or prosecutor of the judicial authority shall be responsible for the provisional arrest of an unclaimed person in accordance with the conditions laid down in this Article. Article 15 to command.
2. The conduct of the D.A. or the auxiliary officer referred to in paragraph 1 shall not be awaited, then any investigation officer shall be empowered to hold the claimed person under the obligation to ensure that he/she shall be responsible for the delay in taking action. may be led before the D.A. or the prosecutor of the judiciary.
3 After the person who has been claimed has been arrested, the following shall be communicated to him without delay in writing:
a. The right to receive a copy of the European arrest warrant referred to in Article 23, third paragraph ;
b. The Right to Assistance of a Counselor, referred to in the Articles 30 and 62 ;
(c) the right to interpretation, as provided for in Article 30 , and the right to translation, Article 23, third paragraph, fourth and fifth sentences ;
d. the right to be heard, intended in Article 24 .
The statement of rights shall be made in an intelligible language to the claimed person who does not have or is not sufficiently responsible for the Dutch language.
After hearing the person claimed, any officer may order that he be insured for three days from the date on which the provisional detention is held. The period of payment of insurance may be extended once a three-day period by the D.A. at the Amsterdam Arrondissementsementbouquet.
5 If the person claimed has been detained outside the Amsterdam district and has been insured, he shall be transferred to the district attorney at the district court in Amsterdam within the time limits of the fourth paragraph.
6 The fifth member may remain out of application if the claimed person has declared to the district attorney in the district where he has been arrested, in order to accept his immediate surrender, the district attorney shall. the Amsterdam District Court decided that the requested person would be placed at the disposal of the issuing judicial authority and the actual surrender may take place within the deadlines set out in the fourth paragraph.
7 The person claimed may be given freedom at any time by the D.A. at the Amsterdam District Court.
1 The judge-commissioner may, at the request of the Prosecutor of the Amsterdam District Court, order the custody of the person claimed to be held.
2 Before giving an order under the first paragraph, the judge-commissioner shall, if possible, hear the requested person.
An unclaimed person whose detention in accordance with Article 18 has been ordered, subject to the possibility of further deprivation of liberty from others, in order to be free:
(a) as soon as it is ordered by the court, the Judge-Commissioner or the D.A., of its own motion or at the request of the person or his counsellor, if any;
b. once the detention has lasted twenty days and the European arrest warrant has not yet been received.
1 A European arrest warrant shall be transmitted to him without delay, if it has not been forwarded to the Prosecutor.
2 A European arrest warrant may be used only if it meets the requirements set out in Article 2 .
3 If, in the judgment of the Public Prosecutor, a European arrest warrant does not comply with the requirements of Article 2 it shall provide the issuing judicial authority with the opportunity to complete or improve it.
4 If, in the judgment of the Public Prosecutor, additional information is necessary in addition to the European arrest warrant, in particular in connection with the Articles 7 to 9 and 11 to 13 , he shall provide the issuing judicial authority with the opportunity to complete or improve it, taking into account the Article 22 Specified deadlines.
1 The requested person may, on the basis of a European arrest warrant which complies with the requirements set out in Article 2 , without further formalities to be held. Article 17, third paragraph , shall apply mutatis mutandis.
2 The first paragraph shall continue to apply as long as the requested person in the Netherlands enjoys immunity from criminal proceedings and the enforcement of penalties. The issuing judicial authority shall be informed of the existence and nature of the immunity without delay, with the request for notice once the immunity has been lifted.
3 If the claimed person is already in accordance with Article 17 Provisional arrest shall be converted into a detention as referred to in paragraph 1, shall be converted from the date of the arrest warrant by the D.A. in accordance with the provisions of the Article 20, second paragraph -That's taken care of. The requested person shall be informed of such conversion, indicating that the detention is to continue until the court decides on his detention.
4 The person claimed to be arrested in accordance with paragraph 1 shall be led, within 24 hours of his arrest, to the D.A., or, in his absence, to the prosecutor of the judiciary in the district where he was arrested. was held.
5 The D.A., as referred to in paragraph 4, may order that the person claimed to remain in insurance for three days from the date of arrest.
6 If the person claimed has been detained outside the Amsterdam district and has been insured, he shall be transferred to the district prosecutor of the Amsterdam District Court within the time limit of the insurance contract.
7 The sixth member may remain out of application if the claimed person has declared to the district attorney in the district where he has been arrested, in order to agree to his immediate surrender, the district attorney at the The Amsterdam District Court decided that the requested person would be placed at the disposal of the issuing judicial authority and that the actual surrender could take place within the period of the insurance policy.
8 After having heard the claimed person, the district attorney in the district court of Amsterdam may order that it be held in insurance until the court decides on his detention.
9 The order of insurance may at any time be lifted both by the court and by the prosecutor of the Amsterdam District Court, of its own motion or at the request of the person or of his lawyer who has been claimed.
1 The ruling, bearing in mind the decision on the surrender shall be made by the court no later than sixty days after the arrest of the requested person, Article 21 .
2 If the surrender is partly dependent on the consent of the competent authority of another Member State or of a third State, the period referred to in paragraph 1 shall begin to run from the day the requisite agreement has been received.
3 In exceptional cases and giving reasons to the issuing judicial authority, the court may extend the period of 60 days by up to 30 days.
4 If, within the period referred to in the third paragraph, the court has not yet delivered a ruling, the court may re-extend the time limit for an indefinite period of time, under the simultaneous suspension, under the conditions, of the deprivation of liberty of the requested person and of notification of the issuing judicial authority.
If the D.A. is already of the opinion that surrender cannot be authorised on the basis of the European arrest warrant, he shall immediately inform the issuing judicial authority.
2 In all other cases, he shall seek in writing, in writing, the third day following receipt of the European arrest warrant, that the court will take charge of the arrest warrant. To that end, he shall submit to the court the European arrest warrant, accompanied by its translation and, where appropriate, the issuing judicial authority.
3 A copy of the claim required under the second paragraph, including a copy of the European arrest warrant, its translation and, where appropriate, the additional information shall be served on the person who was claimed. The first sentence shall also apply in the case where the State Prosecutor has supplemented or amended his claim in response to a further European arrest warrant received at the time of the appeal. On receipt of supplementary documents, which are to be attached to the file, the person claimed shall be communicated. If the requested person does not or does not have sufficient control of the language in which the European arrest warrant is issued or that of its translation, it shall be translated into a written translation of at least the relevant elements of the European Union. Arrest warrant issued in a language that he understands. The following shall be regarded as relevant parts by the Member State in which the warrant was issued, the decision on which the arrest warrant is based and the duration of the sentence still to be taken out or a brief description of the offence (s). It is the basis of the injunction.
4 The third paragraph shall apply mutatis mutandis if the officer has supplemented or amended his claim following an extradition request received at the time of the request.
5 If the person claimed is subject to criminal proceedings in the Netherlands for the purpose of the European arrest warrant, the D.A. shall also send a copy of his claim for information to the person responsible for taking such action. Prosecutor charged with the prosecution, with the request to inform him without delay if the prosecution can be stopped.
6 If the person claimed is subject to criminal proceedings in the Netherlands for any matter other than the European arrest warrant, the D.A. shall also send a copy of his claim for information to the person concerned. Prosecutor responsible for the prosecution, with the request to inform him without delay of the state of the proceedings in respect of that prosecution.
1 In a moment after the reception of the Article 23, second paragraph , the claim is determined by the chairman of the court, taking into account the time limits specified in the Article 22 , the time when the claimed person will be heard by the court. He may order his co-application.
2 The Registrar of the Court of Justice shall without delay inform the Public Prosecutor and the person who has been claimed for the hearing of the time at which the court is being examined. That communication, together with a copy of that order, shall be served on a copy of that order to the person who has been claimed.
3 If it is not apparent that the person claimed has already a counsellor, the chairman shall charge the board of directors of the legal aid board to the addition of a counsellor.
1 The hearing of the person being claimed shall be carried out in public, unless it requires that the case be dealt with by closed doors, or if the court orders the reasons for serious reasons to be included in the minutes of the hearing.
2 The hearing shall take place in the presence of the Prosecutor.
3 In his hearing, the claimed person may be assisted by his counsellor.
4 The person claimed has not appeared and eight the court is required to attend the hearing, then the court ordered, taking into account the time limits mentioned in Article 22 -at a time to be determined by the latter, his summons, including, if necessary, an order to bring it to the notice of a joint presentation.
1 The court examines the identity of the claimed person in the manner, intended in Article 27a, 1st paragraph, first sentence, of the Code of Criminal Procedure , as well as the admissibility of the European arrest warrant and the possibility of surrender. The court shall also be empowered to determine the identity of the person claimed in the manner in which the court is to be Article 27a, second paragraph, of that Code , if there is doubt about his identity. Article 29a, second paragraph, of that Code shall apply mutatis mutandis.
2 The D.A. shall give his opinion at the court on the surrender requested and provide a written summary stating, where appropriate, the decision on the cessation of proceedings, to the court. The person who has been claimed and his counsellor shall also be given the opportunity to comment on the European arrest warrant and the decisions to be taken in relation to that order.
3 In the case of a combination of European arrest warrants, the D.A. shall also indicate the European Arrest Warrant, in so far as the surrender can be authorised on the basis of that order, shall be given priority, in so doing: taking into account the importance of proper administration of justice and, in particular, the following:
a. the multiple or lesser seriousness of the various facts for which the surrender was requested;
b. the place or places where the facts are committed;
c. the dates of the various European arrest warrants;
d. the purpose of the surrender;
e. the extent to which the nationality of the claimed person will be an obstacle to further delivery;
f. the possibility that the requested person, after being removed to the territory of one of the Member States concerned, is then made available by the judicial authorities of that Member State to the issuing judicial authorities; authority of another Member State.
4 It claims that the person claimed is not guilty of the facts in respect of which his surrender is requested, then he must show that during the hearing and the court investigates that allegation.
5 If the court so considers that it is necessary for the examination to be made by it pursuant to the first paragraph, it shall, having regard to the time limits, be ordered by the Court of Justice of the European Parliament and of the Council. Article 22 , where necessary, by the addition of an order to add, to a summons or written summons of witnesses or experts, to be determined by the Commission.
1 On application of the officer of the judiciary, the court may order the imprisonment of the person claimed.
2 Before the examination is concluded, the court shall, of its own motion, decide on its own motion, with due regard for the provisions of Article 22 , regarding the detention of the person claimed, if it was put into custody or in insurance.
1 At the latest 14 days after the conclusion of the examination, the court shall give its ruling on the surrender. The statement shall state the reasons for its decision.
2 Is the court, or that the European arrest warrant does not comply with the requirements of Article 2 If the surrender cannot be authorised or that, in respect of the person being claimed, there is no presumption of guilt on the facts in respect of which his surrender was requested, she shall refuse to grant the right to surrender the goods. oversupply.
3 In cases other than those provided for in paragraph 2, the court shall, in its judgment, surrender to the proceedings unless it considers that application of the provisions of the Article 13 The surrender shall be refused.
4 When outgoing judicial authorities of two or more Member States have requested the surrender of the same person, the court confirms the prosecutor ' s judgment to which of the European arrest warrants-to the extent that the -surrender may be granted on the basis of such surrender-priority shall be given unless, in the opinion of the Court, the Public Prosecutor has not been able to make his or her choice under the conditions laid down in the relevant criteria; come.
5 In a judgment as referred to in this Article, the applicable law provisions, as well as-where applicable-the fact or facts for which surrender is granted and the literal text of the judicial of the issuing of the judicial guarantees issued in respect of Article 6, first paragraph , and in Article 12 indicate.
6 The surrender is permitted notwithstanding a claim by the person in accordance with Article 26, fourth paragraph The judgment shall state what the court has held to that effect.
1 The judgment of the court shall be immediately enforceable, unless there is a competitive extradition request or a request to the International Criminal Court or from another international tribunal in respect of the requested person, which has been taken into consideration.
2 It is not contrary to the judgment of the court of law to open a legal remedy, other than in cassation in the interests of the law, intended to Article 456 of the Code of Criminal Procedure .
1 The Articles 37 to 39 , 45 to 49 , 50, 1st Member , 260, 1st Member , 268 , 269, fifth member , 271 , 272 , 273, third member , 274 to 277 , 279 , 281 , 286 , 288, fourth member , 289, first and third members , 290 to 301 , 318 to 322 , 324 to 327 , 328 to 331 , 345, first member , 346 , 357 , 362 , 363 and 365, first to fifth member of the Code of Criminal Procedure shall be applicable mutatis mutandis.
2 The articles referred to in paragraph 1 shall not be applied in so far as they relate to a witness whose identity is not or only partially proved.
1 The court's ruling shall be served on the claimed person who has not been present at the prereading of that court. In so doing, it shall be informed that he shall not be entitled to appeal against the Award.
2 If a competitive extradition request or transfer request from the International Criminal Court or any other international tribunal has been taken in respect of the claimed person, the requested person shall also be informed that Our Minister, subject to Article 35 of the extradition law Respectively Article 31 of the International Criminal Court Implementing Law or any other applicable legislation, will decide whether to comply with the court ' s ruling, or whether or not to extradate to the International Criminal Court or to any other international court. Tribunal.
3 The Registrar of the Court shall return the European Arrest Warrant to the Public Prosecutor not later than three days after the judgment has been delivered to the State Prosecutor.
In the cases referred to in paragraph 2, the Registrar of the Court shall also forward a copy of the European arrest warrant with the corresponding documents to Our Minister.
The district attorney shall immediately notify the ruling of the judicial authority of the issuing judicial authority. Where surrender is permitted, he shall indicate either the period within which the surrender is to take place, whether the existence of a competitive extradition request or an overdelivery request from the International Criminal Court or another International Tribunal.
An under Article 27 Detention order shall be terminated as soon as possible, subject to the possibility of further deprivation of liberty from others, as soon as:
a. orders shall be ordered by the court or by the D.A., of its own motion or at the request of the person or his counsellor, if any;
(b) it has taken 10 days since the day of the judgment, unless the court has now extended proceedings for deprivation of liberty on the application of the prosecutor.
1 Renewal of deprivation of liberty as referred to in Article 33, part b , may take place for a maximum of 10 days.
2 By way of derogation from the first paragraph, the detention order may be extended for a period not exceeding 30 days if:
a. extradition has also been requested or the surrender by the International Criminal Court or any other international tribunal, and our Minister has not yet decided on those requests;
b. The surrender is allowed, but the actual surrender has not been able to take place within the time limit set.
3 The person claimed shall be given the opportunity to be heard on the claim for renewal.
1 As soon as possible after the ruling in which the surrender is granted in whole or in part, but no later than ten days after the date of this ruling, the person claimed shall actually be surrendered. The D.A. shall determine, after consultation with the issuing judicial authority, time and place.
2 If, by special circumstances, actual surrender cannot take place within the period laid down in the first paragraph, a new date shall be determined by mutual agreement. Actual surrender shall be carried out not later than 10 days after the fixed date.
3. Actual surrender may exceptionally be omitted for as long as there are serious humanitarian reasons which are in the way of a de facto surrender, in particular as long as the state of health of the claimed person is in operation. person is not responsible for travelling. The issuing judicial authority shall be informed without delay. The D.A. shall, after consultation with the issuing judicial authority, determine the time and place where the actual surrender may still be carried out. Actual surrender shall be carried out not later than 10 days after the fixed date.
4 The deprivation of liberty of the person claimed shall be terminated after the expiry of the time limits specified in the first to third paragraphs.
1 The decision about the time and place of the actual surrender shall be held if and as long as he is subject to criminal proceedings in the Netherlands, or a Dutch judge has referred to him as a criminal prosecution. criminal judgment is still open to execution in whole or in part.
2 In cases provided for in paragraph 1, the Minister may, after receiving the opinion of the Ministry of Public Prosecutor, state that, and under what conditions, the person claimed for the purpose of his court is already at the disposal of the Commission for the provisional purposes of the the issuing of a judicial authority issuing authority.
3 In the case of application of the second paragraph, the D.A. shall be notified that the requested person shall be made available for the time being of the judicial authority issuing authority, with whom he shall also give written terms in writing matches.
4 The person claimed, in respect of which the third paragraph is applied, is a custodial sentence, and the time during which he is at the disposal of the issuing judicial authority abroad shall be deducted from his penalty period.
If this applies to the application of: Article 35, first or second paragraph , is necessary, the claimed person shall be arrested on the orders of the district attorney for a maximum period of three days. If the actual surrender cannot take place within the period of three days, the order for detention by the D.A. may be renewed once for a period of not more than three days.
2 After an extension of the period referred to in the first paragraph by the D.A., the latter may be renewed only by the court for a period of not more than 10 days.
3 An extension as referred to in paragraph 2 may take place only if the actual surrender has not taken place by special circumstances within the period of six days provided for by paragraph 1.
In the case of actual surrender, the D.A. shall inform the issuing judicial authority or, where appropriate, the competent central authority of the duration of the deprivation of liberty of the person claimed to be the subject of his/her own oversupply, mee.
1 The person claimed in accordance with Article 4, first or second paragraph , where an alert has been issued for arrest for his surrender or for whom a European arrest warrant has been received, at the latest on the day preceding that received in accordance with the conditions of Article 24 has been determined for his hearing by the court, declare that he agrees to his immediate surrender.
2 An attestation in accordance with paragraph 1 may be made at the time of insurance for any officer of the judicial authority. After that, the declaration can only be made before the district prosecutor at the Amsterdam district court or in the judge-commissioner. The statement made cannot be revoked.
3 The D.A. referred to in the second sentence of the second sentence, or the Judge-Commissioner shall be empowered to determine the identity of the person claimed in the manner provided for in this Article. Article 27a, first sentence, first sentence, and second paragraph, of the Code of Criminal Procedure . Article 29a, second paragraph, of that Code shall apply mutatis mutandis.
4 The person claimed may be assisted by counsel in the making of the statement. On this point, if he appears without counsel, his attention shall be drawn by the judicial authority responsible for receiving the statement.
5 Before he makes the statement, the claimed person shall be subject to the possible consequences thereof, in particular the particular Article 43, third paragraph That's right. The statement shall be made out in minutes.
6 The Judge-Commissioner shall, without delay, send the minutes of the statement to the Public Prosecutor.
1 Not later than 10 days after a declaration has been made Article 39 shall be made available to the D.A. or the person who has been claimed shall be made available to the judicial authority of the issuing of whom the alert is to be issued Article 4, first and second paragraphs Or the European Arrest Warrant has been assumed.
2 The first paragraph shall not apply:
a. if, for the fact or the facts, in connection with which the alert is issued or the European arrest warrant has been issued, by reason of one of the following: Article 6, second paragraph , and 9 to 11 no surrender can be authorised;
b. if it is found that a criminal prosecution is under way against the person claimed in the Netherlands or that a judgment of the Netherlands has been delivered by a Dutch court to a judgment in full or in part for enforcement of the offence.
3 Of each decision, taken pursuant to paragraph 1 of this Article, the district attorney shall immediately notify the issuing judicial authority.
1 If the D.A. in accordance with Article 40 has decided that the requested person shall be placed at the disposal of the judicial authority of the other Member State, which is the issuing judicial authority of the other Member State, Article 23, second paragraph , out of application.
2 Is the in Article 23, second paragraph If the claim has already been submitted to the court, it shall be withdrawn without delay. The Registrar of the Court of Justice shall reinstate the European arrest warrant, with the relevant documents, by the Public Prosecutor.
3 Of the revocation of the claim, the officer shall notify the claimed person.
1 After the day on which he Article 39 The person claimed may only remain in custody or in insurance for a period of not more than 20 days.
2 The first member shall remain out of application, if the officer decides that the statement will not be taken, and the European arrest warrant, in accordance with Article 23, second paragraph It was submitted to the court.
3 The period prescribed in paragraph 1 of this Article may be extended by the District Court for a period of not more than 30 days only if the actual surrender is due to particular circumstances. has not been able to take place within the period of 20 days referred to in paragraph 1.
1 In case of application of Article 40, first paragraph , the D.A. shall, after consultation with the competent foreign authorities, determine without delay the time and place on which the actual surrender shall be effected.
2 The District Attorney may, if necessary, order the person who has been claimed to be required to present the actual surrender pursuant to this paragraph for a maximum period of three days. If the actual surrender cannot take place within the period of three days, the order for detention by the D.A. may be renewed once for a period of not more than three days. Article 37, second and third paragraphs , shall apply mutatis mutandis.
3 In case of surrender under this paragraph is Article 14 Not applicable.
Any prosecutor in the Netherlands can act as the issuing judicial authority.
1 In the case of or in a European arrest warrant, it shall be declared by the issuing prosecutor:
(a) if the person claimed is a national of the executing Member State, that, if he is sentenced to an unconditional custodial sentence in respect of the facts for which the surrender is to be granted in the Netherlands, he shall serve that sentence in the Member State of the exporting Member State;
b. if the offence underlying the European arrest warrant has been threatened with a life sentence of liberty that, if applicable, is subject to Dutch law of application of pardon to the law imposed. penalty or measure.
2 A declaration referred to in paragraph 1 shall be bound by any person or body in charge of a public service in the Netherlands.
1 If the European arrest warrant seeks to execute a judgment while the accused did not appear in person in the treatment at the hearing that led to the verdict, the issuing officer declares in the European arrest warrant that:
a. the defendant has been summoned in a timely and timely way and has been informed of the date and place of the treatment at the hearing which led to the verdict or otherwise actually officially notified of the date and the place of treatment at the hearing so that it is unequivocally established that he was aware of the intended hearing and was informed of the fact that a judgment may be delivered if he did not receive the hearing at the hearing appears; or
b. the defendant was aware of the treatment at the hearing and an attorney appointed by him or a publicly assigned lawyer has authorized his defence and that that lawyer has his defence for the hearing. lined; or
c. the accused after the judgment was served on him and he was expressly informed of his right to a deportation proceedings or appeal proceedings, in which he has the right to be present and during which the case is again on the merits of be treated and new evidence is admitted, which may lead to revision of the original judgment expressly indicated that he does not contest the verdict or does not appeal within the prescribed period or appeal registered; or
d. Judgment not in person to the defendant has been served, but:
1. after his surrender will be served in person without delay and he shall be expressly informed of his right to a deportation proceedings or appeal proceedings, in which he has the right to be present, to which the case is once again the substance is being dealt with and new evidence is allowed, which may lead to a revision of the original judgment and
2. he shall be informed of the period within which he is to sign opposition or appeal, as specified in the European arrest warrant concerned.
2 A statement as referred to in paragraph (d) of paragraph 1 shall be bound by any person or body in charge of a public service in the Netherlands.
In the cases referred to in Article 45a, first paragraph, part d , shall provide the issuing prosecutor, at the request of the person who has been issued the European arrest warrant and who has not yet been officially notified of the criminal proceedings instituted against him, without delay and by intervention by the executing judicial authority, a copy of the judgment, which shall be the basis of the European arrest warrant. Article 408, second paragraph, of the Code of Criminal Procedure does not apply in this case.
1 The issuing prosecutor shall have jurisdiction to maintain direct contact with the executing judicial authority.
2 An alert as referred to in Article 4, first and second paragraphs , shall, on production of a certified copy of the European arrest warrant issued by him, forward to one or more national units of the police.
With a view to the handling and execution of the European arrest warrant issued by him, the issuing officer shall be empowered to provide the executing judicial authority with additional information upon request or on its own initiative. and, where appropriate, to agree in writing the conditions in the event of the provisional being made available to the person claimed.
The conditions laid down by the Foreign Executive Judicial Authority in accordance with the Framework Decision on the European arrest warrant and the surrender procedures between Member States of the European Union, adopted by the Council on 13 June 2002 The European Union (PbEG L 190) shall be appointed to the Netherlands in the case of the surrender of the person claimed to the Netherlands, shall be binding on any person or body charged in the Netherlands with a public service task.
1 Items, found in possession of the person claimed, may be seized upon request of the issuing judicial authority. The seizure may be ordered by any officer or auxiliary officer of the judiciary.
2 If the seizure has not taken place in the arrondissement of Amsterdam, the district prosecutor shall be notified to the Arrondissementsparket of Amsterdam and shall be transferred to the transfer of the person who has been claimed, or if it is not possible, transferred to it as soon as possible thereafter.
3 At the time of Article 23, second paragraph The prosecutor shall submit a list of the items seized to the court.
1 The court shall decide on the issue of the issue or of the return of the seized property and shall state it in its judgment. The issuing of such articles to the issuing judicial authority may be ordered only in the case of acceptance of the request for surrender.
2 In view of the possible rights of third parties, the court may decide in respect of certain articles, that issue may be effected only under the clause, that those articles shall be returned immediately after they have been issued for the purposes of the criminal proceedings shall be made use shall be made.
3 In case of surrender in accordance with § E of Section 2 of Chapter II , the D.A. shall decide either on the issue of the issue or of the return of the seized property. He shall, in accordance with the second paragraph, take into account the possible rights of third parties.
4 Items in respect of which the court has granted the transfer shall also be transferred if the claimed person cannot actually be surrendered for death or escape.
1 Aliens who, for the purposes of criminal investigations or the execution of a criminal judgment, are in fact handed over by the executing judicial authority of a Member State to the issuing judicial authority of a the other Member State or by a third State is extraded to another Member State, may be transported through Dutch territory with the consent of the officer.
2 Authorisation for land transport shall be given by the D.A. provided that the following information has been received:
a. The identity and nationality of the person against whom the European arrest warrant has been issued or in respect of whom an extradition request has been made;
b. the existence of a European arrest warrant or of an extradition request to a third State;
c. the nature and legal qualification of the offence;
d. a description of the circumstances under which the offence was committed, including time and place.
3 The consent referred to in paragraph 2 shall not be given in cases where the person to be carried out has been issued for the purposes of surrender to a Member State other than that of destination, to the International Criminal Court or to another International tribunal, or for the purposes of extradition to a third State.
4 The transit of the Dutch can only be allowed to the extent that their surrender under this law is possible and under the same safeguards.
5 The consent of the district attorney is not required for carriage by air in which no landing is made in the Dutch area.
6 In the case of an unforeseeable landing on Dutch territory, the alien may, at the request of the foreign officials accompanying him, be held for the time being under an order of the officer or auxiliary prosecutor of the judicial system. Article 17 shall apply mutatis mutandis.
7 The carriage of the provisional alien may continue, as soon as the officer has received the information referred to in paragraph 2 and is authorised to do so. Where the authorisation has not yet been granted or refused within that period, the alien shall be placed in freedom without prejudice to the possibility of further deprivation of liberty on the part of others.
1 In case of transport, in accordance with Article 51 , the surveillance of the foreigner is dedicated to Dutch officials.
2 If, due to particular circumstances, it is not possible to continue transport by the Netherlands without interruption, the foreigner may, in anticipation of an appropriate opportunity to leave elsewhere, be incorporated as necessary in a house of detention, on presentation of a document from which the officer's consent to transport is apparent.
3 The costs associated with transport and detention shall be charged to the issuing judicial authority.
1 To a request from the issuing judicial authority to hear an unclaimed person who has been arrested on the basis of a European arrest warrant issued prior to his surrender, the D.A. shall give so much notice to the prosecutor. possible effect.
2 On the hearing, the Articles 552n and 552o of the Code of Criminal Procedure and Article 4, first to third paragraphs, of the EU legal agreement 2000 shall apply.
1 The district attorney may, at the request of the issuing judicial authority, allow an unclaimed person who has been detained on the basis of a European arrest warrant prior to the surrender decision, temporarily. the issuing of the issuing judicial authority for the purpose of making a declaration.
2 The consent of the requested person is required for that purpose.
3 The district attorney shall not allow the temporary posting if the claimed person could thereby not be present on it by the court, according to the court Article 24, first paragraph , determined time at which the claimed person will be heard.
For this purpose, the Public Prosecutor shall, in agreement with the issuing judicial authority, determine the duration of the posting and the conditions under which the posting is made.
Any prosecutor may ask the executing judicial authority, found in possession of the person whose surrender he is based on an alert as intended. Article 4, first and second paragraphs or has requested, confiscate and transfer to him of a European arrest warrant.
1 The district attorney who issued a European arrest warrant or initiated a European arrest warrant or extradition request shall send a request for transit of an claimed person to the competent authority of the country. the Member State of the European Union on whose territory the person concerned is to be transported.
2 A request for transit shall contain the following information:
a. The identity and nationality of the person against whom the European arrest warrant has been issued or in respect of whom an extradition request has been made;
b. the existence of a European arrest warrant or of an extradition request to a third State;
c. the nature and legal qualification of the offence;
d. a description of the circumstances under which the offence was committed, including time and place.
3 At the request of the competent authority of the Member State from whose territory the transit takes place, the cost of transit shall be reimbursed by the State Prosecutor.
The D.A. may apply to the executing judicial authority for the person who has been detained on the basis of a European arrest warrant issued by him, prior to the decision on his surrender:
a. To be heard in his presence or in the presence of a representative designated by him;
b. Temporary transfer to the Netherlands.
1 In the cases specified in Article 57 (b) , the D.A. issued the European Arrest Warrant shall determine, in consultation with the executing judicial authority, the duration of the posting and the conditions under which the posting is made.
2 During his stay here, the person who is temporarily made available shall be insured under the order of the officer of the State of Justice. The Articles 61 and 64, 1st Member , where appropriate, shall be applicable mutatis mutandis.
Warrants issued pursuant to this Law, or to extend a time limit for deprivation of liberty, shall be recorded and signed. The grounds for promulgation shall be indicated in the order. A copy of the order shall be issued without delay to the person to whom the warrant relates.
1 The order for deprivation of liberty, given under this law, shall be immediately enforceable.
2 Competent to implement European arrest warrants, Dutch orders to arrest, provisional arrest or imprisonment are the following: Article 141 of the Code of Criminal Procedure Officials.
3 On the implementation of a European arrest warrant, the order for deprivation of liberty, as referred to in paragraph 1, and the burden of that order are Articles 564 to 568 of the Code of Criminal Procedure applicable.
Persons who are in insurance or detention under this Act, or whose imprisonment or detention is ordered, shall be treated as suspects under the Code of Criminal Procedure are subject to a corresponding measure.
1 In the case of Article 40 of the Code of Criminal Procedure is subject to a corresponding application in respect of a person claimed in insurance under this Law.
2 If a person is deprived of his freedom in accordance with this Act-other than from the force of a European arrest warrant or a Dutch order to arrest or provisional arrest, or to an ininsurance claim or to renew the The term of office of the court in the district in which he finds himself is a burden to add to the board of the Board of Legal Aid. The D.A. shall inform the President without delay in writing, which shall take place.
Orders to custody and detention, given under this law, are Article 66a of the Code of Criminal Procedure applicable mutatis mutandis.
1 In cases where a decision on deprivation of liberty may or must be taken under this Act, it may be ordered that such deprivation of liberty be suspended conditionally or suspended until the court ' s judgment. Where the surrender is permitted. The conditions to be laid down shall be limited to the prevention of flights.
2 On warrants under the first paragraph given by the court or by the judge commissioner, the Article 80, with the exception of the second paragraph , and 81 to 88 of the Code of Criminal Procedure applicable mutatis mutandis.
Orders to end deprivation of liberty pursuant to this Act, and to the implementation of such orders, are the Articles 73 , 79 , 569 and 570 of the Code of Criminal Procedure applicable mutatis mutandis.
The time limits mentioned in the Articles 19 (b) , 22 , and 37, first and second members , do not run during the time when the person concerned has withdrawn from the application of the warrants provided for in those Articles.
Where jurisdiction is given in this law to the hearing of persons, Article 131a of the Code of Criminal Procedure applicable mutatis mutandis.
1 In cases where the surrender has been refused, the court may, at the request of the person claimed, grant him a compensation to the State for the damage he has suffered as a result of deprivation of liberty, ordered under this Law. Damage is understood to be the disadvantage that does not exist in property damage. The Articles 89, third, fourth and sixth paragraphs , and 90 , 91 and 93 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
2 In cases referred to in the first paragraph, the Articles 591 and 591a of the Code of Criminal Procedure shall apply mutatis mutandis for compensation of costs and claims for the person claimed or of his heirs. In the place of the court referred to in those Articles, the court shall take action.
Notices, notices and invocations made under this Act are the Articles 585 to 590 of the Code of Criminal Procedure applicable mutatis mutandis.
The provisions of this Act shall not apply to:
(a) surrender of deserted creations to authorities of the State to which they belong;
(b) surrender of members of a foreign military force and of persons treated with them, to the competent military authorities, to the extent that such surrender is made pursuant to an agreement with one or more States with which the Netherlands We have a common relationship.
The district attorney is taking care of a half-yearly reporting to our minister about:
a. the number of European Arrest Warrant warrants received and taken into consideration;
(b) the number of times the reduced procedure has been applied;
c. the number of times that hearing has taken place by the court;
d. the number of times that the court has allowed and refused the surrender;
(e) the average duration of the procedures referred to in points (b) and (c).
Within three years of the entry into force of this Act, our Minister shall send to the States-General a report on the application of this Law to the surrender by the Netherlands, in particular on the effects of the handling of requests for oversupply in the Netherlands. One authority.
1 This Act takes place in the relationship with the Member States of the European Union. Extradition Act , except the Articles 50a and 51 of that Act , and of the treaties relating to extradition between the Netherlands and the Member States of the European Union, namely:
(a) the European Convention on Extradition (Trb) established in Paris on 13 December 1957. 1965, point 9), the Additional Protocol to this Treaty, adopted in Strasbourg on 15 October 1975 (Trb. 1979, 119), the Second Additional Protocol to this Treaty, adopted in Strasbourg on 17 March 1978 (Trb. 1979, 120) and, in so far as it relates to extradition, the European Convention on the Suppfight of Terrorism (Trb) was established in Strasbourg on 27 January 1977. 1985, 66);
(b) The Agreement concluded on 30 August 1979 in Wittem between the Kingdom of the Netherlands and the Federal Republic of Germany on the extension and facilitation of the application of the European Convention on Extradition of 13 December 1957 (Trb. 1979, No 142);
(c) Section I and, as appropriate, of Section III of the Convention on Extradition and Legal Assistance concluded in Brussels on 27 June 1962 between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the European Union The Netherlands, as amended by the Protocol (Trb), adopted in Brussels on 11 May 1974. 1962, 97, and 1974, 11);
d. Chapter III, Section 4 of the Schengen Convention;
(e) the Agreement between the Member States of the European Communities on the simplification and modernisation of the means of transmission of requests for extradition of 26 May 1989 (Trb. 1990, 97);
(i) the Agreement established in Brussels on 10 March 1995, drawn up on the basis of Article K. 3 of the Treaty on European Union, on the simplified extradition procedure between the Member States of the European Union (Trb. 1995, 10);
g. the Agreement established in Dublin on 27 September 1996 was drawn up on the basis of Article K. 3 of the Treaty on European Union concerning extradition between the Member States of the European Union (Trb). 1996, 304).
2 The first paragraph shall continue to apply in relation to another Member State of the European Union to the extent that and until such time as that Member State has not taken the necessary measures to comply with it in Brussels on 13 June 2003. Council framework decision on the European arrest warrant and the surrender procedures between the Member States of the European Union (PbEG L 190).
3 In so far as the Council of the European Union adopts a decision derogating from the first or second paragraphs, it may be implemented by a general measure of management.
4 The Extradition Act shall continue to apply to the processing of a request for extradition and the decisions to be taken in connection therewith, in cases where the documents relating to that request before the date of entry into force of this law have been received by Our Minister.
5 An unclaimed person who at the time of entry into force of this law is in custody following an order given under Article 14 , 13a or 15 of the extradition law , if the European arrest warrant has not yet been received, is considered and treated as a person under the control of the Article 16 , 17 or 18 is being held in custody or is covered by insurance.
This Law shall enter into force as from 1 January 2004. If the Official Journal of the State in which this Law is placed is issued after 31 December 2003, it shall enter into force from the day following the date of issuance of the Official Gazette in which it is placed.
This law is cited as: Oversupply Act.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 29 April 2004
Beatrix
The Minister of Justice,
J. P. H. Donner
Published the 11th May 2004The Minister of Justice,
J. P. H. Donner
1. participation in a criminal organisation;
2. terrorism;
3. human trafficking;
4. sexual exploitation of children and child pornography;
5. illicit trafficking in narcotic drugs and psychotropic substances;
6. illicit trafficking in arms, ammunition and explosives;
7. corruption;
8. fraud, including fraud affecting the financial interests of the Community, as provided for in the Convention of 26 July 1995 on the protection of the European Communities ' financial interests;
9. laundering of the proceeds of crime;
10. forgery including counterfeiting of the euro;
11. information code crime;
12. environmental crimes, including illicit trafficking in endangered animal species and endangered plant and tree species;
13. aid in the event of illegal entry and illegal residence;
14. murder and manslaughter, aggravated assault;
15. illicit trade in human organs and tissues;
16. kidnapping, unlawful deprivation of liberty and hostage-taking;
17. racism and xenophobia;
18. organised or armed robbery;
19. illicit trade in cultural goods, including antiques and works of art;
20. scams,
21. racketeering and extortion;
22. counterfeiting of products and product piracy;
23. forgery of administrative documents and trade in false documents; forgery of means of payment;
24. illicit trafficking in hormonal substances and other growth promoters;
25. illicit trafficking of nuclear and radioactive substances;
26. trade in stolen vehicles;
27. rape;
28. intentional arson;
29. crimes falling within the jurisdiction of the International Criminal Court;
30. hijacking of aeroplanes or ships;
31. sabotage.
This order has been issued by a competent judicial authority. I request detention and surrender of the person named below for the purposes of criminal prosecution or enforcement of a custodial sentence or a detention order.
(a) Information relating to the identity of the person soughtName: ........................................................................................................................
....................................................................................................................................
Forename (s): ................................................................................................
...................................................................................................................................
Maiden name, where appropriate: .............................................................................
Nicknames, where applicable: ................................................................................................
Sex: .................................................................................................................................
Nationality: ........................................................................................................................
Date of birth: ..........................................................................................................
Place of birth: ........................................................................................................................
Place of residence and/or known address: ........................................................................................
If known: language (s) that the person may understand: .................................................
....................................................................................................................................
Special characteristics (s)/description of the person sought: ...........
....................................................................................................................................
Photograph and fingerprints of the requested person, if available and may be sent, or contact address of the person who must be contacted to obtain that information or a DNA profile (if this information is available). and may be sent, but not included)
(b) Decision which forms the basis of the arrest warrant1. Detention order or equivalent judicial decision:
Species: ................................................................................................................................
(2) Judgments for enforcement may be made: ....................................................................................
......................................................................................................................................
Reference: .........................................................................................................................
(c) Data relating to the duration of the penalty1. Maximum duration of the custodial sentence or detention order liable to be imposed on the offence (s):
.........................................................................................................................................
(2) Duration of the custodial sentence imposed or detention order that has been ordered to be a custodial measure:
.........................................................................................................................................
Sentence still to be taken: ................................................................................................................
.........................................................................................................................................
(d) Please indicate if the person has appeared in person on the process which led to the decision:1. □ Yes, the person has appeared in person at the trial which has led to the decision.
2. □ No, the person did not appear in person at the trial which led to the decision.
(3) If you have ticked the box "no" (option 2), please confirm one of the following:
□ 3.1a the person has been summoned to ... (day/month/year) in person and has been informed of the time and place of the process which led to the decision, and is informed that a decision may be made given when he does not appear during the process;
OR
□ 3.1b the person concerned is not personally summoned but is otherwise actually officially informed of the time and place of the process which led to the decision so that it is unequivocally established that he is aware of was of the intended process, and was informed that a decision may be given when he does not appear on the trial;
OR
□ 3.2 The person concerned was aware of the proposed process, has authorized a self-appointed counsellor to conduct his defence in the process, and is in fact defended by that counsellor at the trial;
OR
□ 3.3 after the decision had been notified to him on ... (day/month/year) and he was expressly informed of his right to a settlement or appeal proceedings, where he has the right to be present, reestablishing the case in the case of the substance and the authorisation of the substance of the substance, which may lead to a revision of the original decision:
□ the person concerned has expressly indicated that he does not contest the decision;
OR
□ the person concerned has not lodged an appeal or appeal within the prescribed period;
OR
□ 3.4 the decision is not personal to the person concerned, but
-the decision will be notified to him without delay after surrender; and
-the person will be expressly informed after service of the decision of his right to a settlement or appeal proceedings, where he has the right to be present, reestablishing the case again. treated and new evidence is accepted, and which may lead to revision of the original decision; and
-the person concerned will be informed of the period of time for which he has the right to appeal or appeal, namely ... days.
(4) Please indicate, for the check box in paragraph 3.1b, 3.2 or 3.3, the manner in which the relevant condition is satisfied:
This order relates to a total of ................................. offences.
Description of the circumstances under which the offence was committed/the criminal offences were committed, including the time, place and degree of involvement of the requested person in the offence/offences .....................................................................
...............................................................................................................................................
Nature and legal characterisation of the offence (s) and applicable law (law)/Code: .............................................................
........................................................................................................................................
I. indicate, where appropriate, one or more of the following offences in which a custodial sentence or measure involving deprivation of liberty in the issuing Member State is punishable by a maximum of at least three years, and as defined in the law of the issuing Member State (tick box):
□ Participation in a criminal organisation
□ Terrorism
□ Human trafficking
□ Sexual exploitation of children and child pornography
□ Illicit trafficking in narcotic drugs and psychotropic substances
□ Illicit trafficking in weapons, ammunition and explosives
□ Corruption
□ Fraud, including fraud affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities ' financial interests
□ Laundering of the proceeds of crime
□ Counterfeiting currency including counterfeiting of the euro
□ Information cochriminality
□ Environmental crimes, including the illicit trade in endangered species and the illicit trade in endangered plant species and tree species
□ Aid for illegal entry and illegal residence
□ Murder and manslaughter, aggravated assault
□ Illicit trafficking in human organs and tissues
□ Kidnapping, unlawful deprivation of liberty and hostage-taking
□ Racism and xenophobia
□ Organised or armed robbery
□ Illicit trafficking in cultural goods, including antiques and works of art
□ Scams
□ Racketeering and extortionate
□ Counterfeiting of products and product piracy
□ Falsification of administrative documents and trade in false documents
□ Forgery of means of payment
□ Illicit trafficking in hormonal substances and other growth promoters
□ Illicit trafficking in nuclear and radioactive materials
□ Trafficking in stolen vehicles
□ Rape
□ Intentional arson
□ Crimes falling under the jurisdiction of the International Criminal Court
□ Hijacking of aircraft or ships
□ Sabotage.
II. Full description of the offence (s), or offences not covered by the offences referred to in point I:
.......................................................................................................................................
.......................................................................................................................................
(f) Other circumstances relevant to the case (optional information)(NB: for example, comments on extra-territoriality, stoccurrence of the limitation period and other consequences of the offence) ...................................
......................................................................................................................................
(g) This order also covers the seizure and transfer of articles which must serve as evidence. This injunction also covers the seizure and transfer of property which the wanted person obtained from the criminal offence.Description and location of the objects (if known):
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(h) The offence (s) which is/are the basis of this order, is/has been punishable by a custodial sentence or detention order which shall be a custodial sentence of life shall entail:-the legal order of the issuing Member State provides for a review of the penalty imposed-on request or at least after 20 years-seeking a non-execution of the sentence and/or
-the legal order of the issuing Member State provides for the application of measures of bonus for which the person concerned is eligible under the legislation or practice of the issuing Member State, as well as the non-execution of the penalty.
(i) Judicial authority which issued the orderOfficial name: ................................................................................................................
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Name of her representative: .................................................
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Function (title/grade): .................................................................................................................
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File Number: .................................................................................................................
Address: .................................................................................................................................
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Tel.: (country number) (area code) (...) .........................................................................................
Fax (country number) (area code) (...) .................................................................................
E. mail address: .................................................................................................................................
Address details of the person to be contacted in order to make the necessary practical arrangements for the surrender:
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Where a central authority is responsible for the administrative transmission and reception of European arrest warrants:
Name of the central authority: .........................................................................................
Contact person, where appropriate (title/rank and name):
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Address: .................................................................................................................................
Tel.: (country number) (area code) (...) .................................................................................................
Fax (country number) (area code) (...) .................................................................................................
E-mail address: .........................................................................................................................
Signature of the issuing judicial authority and/or its representative:
Name: .................................................................................................................................
Function (title/grade): .............................................................................................................................
Date: .................................................................................................................................
Official stamp (if available)
