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Extradition Act

Original Language Title: Uitleveringswet

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Law of 9 March 1967 laying down new rules relating to extradition and other forms of international legal assistance in criminal matters

We JULIANA, 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 have taken into consideration the desireation of the Law of 6 April 1875, Stb. 66, 'to arrange for the general conditions which may be concluded with regard to the extradition of foreign nationals, to be concluded with foreign powers', to be replaced by new rules adapted to the development of international law; legal rules relating to extradition and other forms of international legal assistance in criminal matters, in order to ensure the execution of Article 4, second paragraph, of the Constitution ;

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:

Chapter I. Begripsmeasures

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Article 1

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  • 1 In this Act the following definitions shall apply:

    Our Minister: Our Minister of Justice;

    Extradition: the removal of a person from the Netherlands for the purpose of making it available to the authorities of another State for the purpose of either a criminal investigation directed against him in that State or the implementation of a criminal investigation of a person in that State penalty or measure imposed in that State;

    foreigner: any person who does not own the nationality of the Netherlands and is not treated as a Dutchman by virtue of a legal provision;

    claimed person: the person whose extradition has been requested by a foreign Mogenity;

    Requesting State: Power from which the request for extradition has been made.

  • 2 In this Act, the following definitions shall apply:

    • Netherlands justice or law of the Netherlands: the right of Bonaire, Sint Eustatius and Saba;

    • Dutch criminal law: the criminal law of Bonaire, Sint Eustatius and Saba;

    • Dutch law: a law of force in the public bodies of Bonaire, Sint Eustatius and Saba;

    • Dutch courts: the judge in the public bodies of Bonaire, Sint Eustatius and Saba;

    • Dutch territory or Dutch territory: the territory of the public bodies of Bonaire, Sint Eustatius and Saba,

    • in the Netherlands: in the public bodies of Bonaire, Sint Eustatius and Saba.

  • 3 Under public prosecutor, judicial officer of justice and investigation officer, only for the purposes of the application Articles 13 to 14 , 16a , 17 and the Articles 21 and 22a and 50a 'Prosecutor' means the Prosecutor of the Prosecutor of the Ministry of Bonaire, Saint Eustatius and Saba, the auxiliary prosecutor referred to in Article 191 of the Code of Criminal Procedure (BES), and the investigating officer, as provided for in Article 184 of the Code of Criminal Procedure, Code.

Chapter II. Conditions for extradition

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Article 2

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Extradition is not made under a treaty.


Article 3

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When any of this law deviates from the approval of the States-General, we shall also propose an amendment to this Act.


Article 4

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  • 1 Dutch are not extraded.

  • 2 The first paragraph shall not apply where the extradition of a Dutchman has been requested for the purpose of criminal investigations directed against him and in the judgment of Our Minister, that he is assured that, if he is the case for which His extradition may be granted in the Requesting State to serve as an unconditional custodial sentence; he shall be subject to this sentence in the Netherlands.


Article 5

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  • 1 Extradition may only be granted for the purpose of:

    • (a) a criminal investigation established by the authorities of the Requesting State in respect of the presumption that the person claimed has been guilty of a fact for which, both under the law of the requesting State and to that of the The Netherlands, a custodial sentence of one year, or of longer duration, can be imposed;

    • b. the execution of a custodial sentence of four months, or of longer duration, by undergoing the claimed person in the territory of the Requesting State for a fact such as A Intended.

  • 2 For the purposes of application of the preceding paragraph, a criminal offence under Dutch law shall include a fact that has infringed the law of the requesting State, whereas under the law of the Netherlands the same infringement is in breach of the law of the Dutch rule of law or that of Bonaire, Sint Eustatius and Saba is punishable.

  • 3 Where, in the case referred to in the first paragraph, B , the sentence of imprisonment in absentia has taken place, extradition may be granted only if the person claimed has been sufficiently present or will be given the opportunity to defend his defence.


Article 6

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  • 1 The in Article 5, first paragraph, point (a) The prescribed minimum of one year does not apply to extradition to Member States of the European Union, in so far as a treaty between the Netherlands and those Member States provides for a different minimum.

  • 2 In Article 5 (b) (b) The prescribed minimum of four months does not apply to extradition to Belgium and Luxembourg.


Article 7

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For the purposes of this Law, the following shall be treated as:

  • a. With Custodial sentences actions involving deprivation of liberty by the courts, either in addition to or in lieu of a sentence;

  • b. custodial sentences of longer than one year: custodial sentences-including measures referred to under A -for the duration of life or for an indefinite period of time.


Article 8

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If, according to the law of the Requesting State, the death penalty has been imposed on the fact for which extradition has been requested, the person claimed shall not be extradited unless, in the opinion of Our Minister, it is sufficient to ensure that that sentence, such as conviction should be followed, not implemented.


Article 9

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  • 1 Extradition of an unclaimed person shall not be granted for any of the following matters of which:

    • (a) at the time of the decision on the extradition request, a criminal prosecution in the Netherlands is going against him;

    • 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 Other Article 282 (1) and (2) of the Code of Criminal Procedure (BES) ;

    • (c) he has been acquitted or dismissed from the Netherlands Judge or dismissed from legal proceedings, or has been taken by another Judge for a corresponding final judgment;

    • d. he has been convicted in a judicial res judiced case, in cases where:

      • 1. the sentence or measure imposed has already been passed on; or

      • (2) that such penalty or measure is not susceptible to immediate implementation or enforcement; or

      • 3. the conviction constitutes a guilty verdict without imposition of punishment or measure, or

      • (4) the res judiced by the Netherlands courts and not by convention in such cases as the jurisdiction for extradition purposes;

    • e. under Dutch law for limitation of time no prosecution, or, so extradition has been requested for the execution of a penalty or measure, no more punishment may occur.

  • 2 The provisions of the previous paragraph, introductory wording and point (a), shall include the exception in cases where our Minister, in his decision to grant extradition, also instructs the prosecution to cease.

  • 3 The provisions of paragraph 1, introductory wording and point (b), suffer from the exception in cases where the persecution in the Netherlands has ceased, either because the Dutch criminal law has been suspended on the basis of the Articles 2 to 8d of the Penal Code then the criminal law of Bonaire, Sint Eustatius and Saba on the basis of the Articles 2 to 8 of the Criminal Code BES did not appear to be applicable, or because of the preference given abroad.

  • 4 The first paragraph, introductory wording and point (e), suffers from an exception to the extent that extradition cannot be refused under the applicable convention solely on the grounds that the right to criminal proceedings or the right of enforcement of those proceedings the penalty or measure under the law of the State in which enforcement is sought is time-barred.


Article 10

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  • 1 Extradition shall not be granted in cases where, in the judgment of Our Minister, there is a presumption that, if the request was granted, the person claimed shall be prosecuted, punished or otherwise affected in connection with the judgment of the Minister. his religious, philosophical or political opinion, nationality, race or group of the population to which he belongs.

  • 2 Extradition is not allowed in cases where, in the opinion of our Minister, the consequences for the person claimed to be of special hardness in relation to his young age, old age or bad age health status.


Article 11

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  • 1 Extradition is not allowed for offences of a political nature, including those related to them.

  • 2 The attack against the life or freedom of a Head of State or of a member of the ruling House shall not be regarded as a criminal act of a political nature within the meaning of the alleged offence in the preceding paragraph.

  • 3 The first paragraph shall not apply to extradition on account of one of the offences set out in Articles 1 and 2 of the European Convention on the Control of Terrorism (Trb. 1977, 63), Article 2 of the Convention on the Suppfight of Terrorist Bombings (Trb. 1998, 84), Article 2 of the International Convention on the Fight against Financing of Terrorism (Trb. 12) and Article 7 of the Convention on the Physical Protection of Nuclear Material (Trb. (7), as amended by the amendment to that Convention (Trb, adopted in Vienna on 8 July 2005). 2006, 81), Article 2 of the International Convention for the Suppfight of Acts of Nuclear Terrorism (Trb. Articles 3, 3a, 3b or 3c of the Convention against the fight against the safety of maritime transport (Trb. 1989, 17), as amended by the Protocol of 2005 to that Treaty (Trb. 2006, 223), and Articles 2, 2a or 2ter of the Protocol to combat unlawful acts against the safety of fixed platforms on the continental shelf (Trb. 1989, 18), as amended by the Protocol of 2005 to that Protocol (Trb. 2006, 224), Article 1 of the Convention against unlawful conduct in respect of civil aviation (Trb. 2013, (134), Article II of the Additional Protocol to the Convention against the Control of Re-law in Force of Aircraft (Trb. 2013, 133), Articles 5, 6, 7 and 9 of the European Convention for the Prevention of Terrorism (Trb. 2006, 34), to a State held in an under-extradition case to the Netherlands not to decline because of the political nature of the fact.

  • 4 Military offences which are not also criminal offences under Dutch criminal law, and tax offences cannot give rise to extradition, unless otherwise expressly provided for in the case of a treaty.

  • 5 The preceding paragraph on military offences does not apply to extradition to Belgium or to Luxembourg.


Article 12

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  • 1 Extradition is not allowed than under the general clause, that the requested person will be prosecuted, punished, or in any other way restricted in his personal liberty, solely with the express permission of Our Minister, on the matter of: facts that were committed before the time of his extradition and for which he was not extraded.

  • 2 Our Minister may give the consent referred to in the preceding paragraph in respect of:

    • (a) offences for which the person claimed may have been extradited to the State of whom the request for authorisation has been granted under the applicable convention;

    • b. other facts, in so far as they are punishable by the law of the State from which the request for authorisation is made and to that of the Netherlands, and the possibility of extradition thereof not under the conditions of the Articles 8-11 This law is excluded.

  • 3 Extradition is not permitted, moreover, than under the general clause, that the person claimed will be made available to the authorities of a third State only with the express permission of Our Minister, on the matter of facts which have been committed before the date of his extradition. The consent may be given in respect of offences for which the claimed person could have been extradited by the Netherlands to the third State.

  • 4 The decision of Our Minister on a request for authorisation as referred to in the first and third paragraphs shall be notified to the State of whom that request has been made by diplomatic means, unless otherwise provided for in the Convention.

  • 5 The third paragraph shall apply mutatis mutandis to requests from a Member State of the European Union to further delivery to a third State of a person subject to the condition by the Netherlands under the clause in question. Article 14 (4) of the Overdelivery Act , it was handed over to the issuing judicial authority of that Member State.

  • 6 In respect of the Member States of the European Union, derogations may be provided for in cases other than those referred to in the fifth paragraph.

Chapter III. Extradition procedure

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Section A. Provisional arrest

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Article 13

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  • 1 In so far as it provides for a convention, the provisional detention of a fugitive situated in the Netherlands may be ordered, in the cases specified in the following paragraph, at the request of the competent authority of another State, where there are reasonable grounds for the expectation that there will be a short-term extradition request for that State in respect of that State.

  • 2 The provisional arrest may be ordered when it is requested:

    • (a) in connection with a criminal investigation of the presumption that the fugitive has pleaded guilty to a fact for which the custody of the Netherlands is possible;

    • b. for the purpose of implementing a custodial sentence or a measure as referred to in Article 7 A ;

    • c. In other than under A and B provided that the fugitive does not have a permanent place of residence or stay in the Netherlands.

  • 3 Where valid reasons exist for the expectation of a fugitive

    by the pilot-in-command of an aircraft following the landing in the Netherlands under Article 9 (1) of the Convention on Criminal Offences and certain other acts on board aircraft ( Trb. 1964 No 115) has been transferred,

    that it is suspected of having committed an operation as referred to in Article 11 (1) of that Convention on board the aircraft with which he arrived in the Netherlands,

    in the short term, due to one of the States referred to in Article 13, fifth paragraph, of the Treaty, a request for a provisional arrest may be made, the provisional detention of that fugitive may be ordered, if it were requested.


Article 13a

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A foreigner who is on the grounds of Fourth paragraph of Article 54 of the Code of Criminal Procedure is held, may be held up on the order of an officer or auxiliary prosecutor of the judicial authority where there are reasonable grounds for the expectation that the provisional arrest request as referred to in Article 1 (3) is immediately applicable to his/her own Article 13 will be done. Article 61, first and third paragraph, of the Code shall apply mutatis mutandis.


Article 14

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  • 1 Each officer and auxiliary officer of the judicial authority shall be responsible for the provisional arrest of a fugitive in accordance with Article 13 to command.

  • 2 May the action of the D.A. and the auxiliary officer not be awaited, then any investigation officer shall be empowered to hold the fugitive under the obligation to ensure that he/she shall without delay be responsible for the prosecution of the prosecutor or the prosecutor. Auxiliary officers shall be led.

  • 3 After hearing the fugitive, the officer or auxiliary prosecutor may order him to remain in insurance for three days, counting the timing of the provisional arrest. The officer shall give his order, as soon as possible, in writing to the Public Prosecutor.

  • 4 The term of insurance may be extended once a three-day period by the D.A.

  • 5 The fugitive may be placed in freedom by the officer at any time. As long as the period of payment of insurance has not yet been extended, such jurisdiction shall also be granted to the auxiliary officer who has given the injunction to the provisional detention order.


Article 15

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  • 1 The judge commissioner, in charge of dealing with criminal cases, in court of the arrondissement in which a fugitive is in accordance with Article 14 be insured, may, upon application by the district attorney in that court, the custody of fugitive warrants.

  • 2 Before giving an order pursuant to the preceding paragraph, the judge-commissioner shall, if possible, hear the fugitive.


Article 16

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  • 1 A fugitive whose custody is in accordance with Article 15 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 fugitive or his counsellor;

    • (b) as soon as the period has elapsed within which, according to the applicable Convention, the provisional arrest must be followed by a request for extradition, and so request has not been made;

    • c. as soon as the detention has lasted twenty days.

  • 2 In cases where Article 13, third paragraph , application finds, be the in the previous member, under B and c, the said periods, at the end of which the fugitive is to be released for freedom, extend by four days.


Article 16a

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  • 1 If a fugitive in the public bodies of Bonaire, Sint Eustatius and Saba has been insured under this section, for the purposes of the second paragraph, the period of payment of an insurance may be made only by the A three-day extension of the district attorney ' s office at Amsterdam. He also comes solely in the power of Article 14, fifth paragraph -I'm in.

  • 2 If a fugitive in the public bodies of Bonaire, Sint Eustatius and Saba has been covered in insurance in accordance with this Section, he shall be within the time limits of Article 14, third paragraph, and the first , transferred to the D.A. at the Amsterdam District Court.

  • 3 The second member may remain out of application if the fugitive has declared to the prosecutor who hears him to agree to his immediate extradition, the district attorney at the arrondissementsparket in Amsterdam has decided that the fugitive will be made available to the authorities of the State whose request for provisional arrest has been made and the actual extradition may be made within the time limits of Article 14, third paragraph, and the first . Article 41, third and fourth paragraphs , shall apply mutatis mutandis.


Article 17

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Of any decision taken pursuant to one of the provisions of the Articles 13 to 16a The Minister shall be notified without delay.


Section B. Handling of the request for extradition

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Article 18

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  • 1 A request for extradition may be taken into consideration only if it meets the requirements set out in the following paragraphs of this Article.

  • 2 The request must be made in writing, either by diplomatic means or-to the extent provided for in the applicable treaty-by means of direct transmission to our Minister.

  • 3 The request must be accompanied by:

    • a. the original copy or an authentic copy

      of a criminal judgment drawn up for enforcement against the claimed person, or

      of an order given by the competent authority of the Requesting State to its arrest, or of a document which has the same legal force,

      Put up in the form prescribed by the law of that State and relating to the facts for which extradition is sought;

    • b. a statement of the facts in respect of which extradition is sought, stating as accurately as possible the time and place on which the extradition was committed;

    • (c) the text of the applicable law or, in so far as unwritten law applies, a statement of the content of that right, sufficient for the evaluation of the request;

    • d. the information necessary for establishing the identity of the person claimed and, in the event of any doubt, of his nationality.


Article 19

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  • 1 If the documents submitted to the judgment of Our Minister do not meet the requirements set out in Article 18 It shall provide the requesting State's authorities with the opportunity to supplement or improve, within a reasonable period of time, the authorities of the Requesting State, or further requirements set out in the applicable Convention.

  • 2 In cases of urgency, and in so far as it provides for a convention, the district attorney or the prosecutor of the High Court may, if, in his opinion, that of the court or the High Court, fail to comply with the requirements of the Court of Justice or the High Court, described in Article 18 or further requirements set out in the applicable Convention which are to be appraised to the Court or the High Court, the authorities designated by the Requesting State provide an opportunity to supplement or improve within one of them; fixed term.


Article 20

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  • 1 Unless our Minister already considers that the extradition request must be rejected, he shall make the request with the supporting documents as necessary, to the extent necessary after having given the opportunity to supplement or improve the situation. in accordance with Article 19 -in the hands of the district attorney in the district court of the district in which the person claimed to be present is located. In the public bodies Bonaire, Sint Eustatius and Saba, the claimed person finds the pieces in the hands of the district attorney at the Amsterdam district court.

  • 2 Where a request for provisional arrest has been made, the documents shall be forwarded to the D.A. who has already been involved in the case in connection with that request. If this request relates to a fugitive in the public sector, Bonaire, Sint Eustatius and Saba, the first paragraph, second sentence, shall apply mutatis mutandis.

  • 3 If the person claimed is subject to criminal proceedings in the European part of the Netherlands, in connection with which he has been provisionally deprived of his liberty, or if that person is serving a custodial sentence imposed in the European part of the Netherlands By way of derogation from the foregoing, the documents may be sent to the D.A. who has been charged or charged with the prosecution.

  • If it is not known in the first place in which of the arrondissement the person claimed is located, the person claimed has been issued for a European arrest warrant issued against him or has been issued in such a manner that our Minister shall send the documents before the court. to the D.A. at the Amsterdam District Court.


Article 21

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  • 1 The prosecutor who has received the extradition request may order the arrest of the person claimed.

  • 2 The person claimed to be a person whose arrest has been ordered in accordance with the preceding paragraph shall be led, within 24 hours of his arrest, before the Public Prosecutor or, in his absence, for an auxiliary prosecutor of the judiciary. After hearing by a subsidiary officer, the arrested person shall be led as soon as possible before the officer.

  • 3 After having heard the claimed person, the officer may order that it be held in insurance until the court decides on his detention.

  • 4 The order of insurance may at any time be lifted both by the court and by the prosecutor, of its own motion or at the request of the person or his lawyer who has been claimed.


Article 22

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  • 2 Of his order referred to in the previous paragraph, the district attorney shall immediately notify the Judge Commissioner responsible for detention. Article 15 has ordered it.


Article 22a

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  • 1 If the claimed person is detained in the public bodies Bonaire, Sint Eustatius and Saba, remains Article 21, third and fourth paragraphs , out of application. After having heard the claimed person, the D.A. may order that he be insured for three days from the time of his arrest. For the purposes of application of paragraph 3, the term of insurance may be extended only by three days only by the Public Prosecutor of the Amsterdam District Court.

  • 2 If the person claimed on the day on which the D.A. at the Arrondissementsparket of Amsterdam receives the request for extradition, Article 14 in the public sector Bonaire, Sint Eustatius and Saba has been secured in insurance, may the deprivation of liberty-by way of derogation from the provisions of Article 14, third paragraph, 16a, 1st Member , and 22 -continue only on the orders of the district prosecutor at the Amsterdam District Court until the court decides on the detention order.

  • 3 If the requested person is covered in insurance in the public entities Bonaire, Sint Eustatius and Saba, he shall be transferred to the district attorney at the district court of Amsterdam within the time limits of the first paragraph.

  • 4 The third member may remain out of application if the person who has been claimed to the prosecutor has declared him to agree to his immediate extradition, the district prosecutor of the Amsterdam District Court has decided that the requested person shall be placed at the disposal of the State whose request for extradition is based and actual extradition may take place within the time limits of the first paragraph. Article 41, third and fourth paragraphs , shall apply mutatis mutandis.

  • 5 After having heard the claimed person, the district attorney in the district court of Amsterdam may order that the detention order be continued until the court decides on his detention.

  • 6 The person claimed may at any time be placed in freedom, either by the court of Amsterdam or by the prosecutor of the Amsterdam District Court, of its own motion or at the request of the person or his counsellor, who was claimed or requested.


Article 23

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  • 1 At the latest on the third day following that on which he received the extradition request, the D.A. shall request in writing that the court will examine the application. He will take the documents to the court.

  • 2 A copy of the claim required under the preceding paragraph shall be served on the person who has been claimed. He shall be informed of the facts in respect of which his extradition was requested, indicating the times and places where they were committed, as specified in the extradition request, and by the State of the State in which the Request has been made. The foregoing shall also apply in the case where the D.A. has supplemented or amended his claim in response to a request 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.

  • 3 After the documents have been submitted to the court, the knowledge thereof shall not be withheld to the person who has been claimed and his counsellor. The provisions of, and pursuant to Article 32 of the Code of Criminal Procedure shall apply mutatis mutandis.


Article 24

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  • 1 In a moment after the reception of the Article 23 The President of the Court shall, as far as possible, determine as far as possible the date on which the requested person is to 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.


Article 25

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  • 1 The hearing of an unclaimed person shall be carried out in public, unless it requires a treatment of the case with closed doors, or the court shall order the case to be deleted in the minutes of the hearing. The hearing shall be ordered by the court.

  • 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 who has been claimed shall not appear and, if necessary, shall order his summons to be served by the court at the time to be determined by the court, if necessary at the same time as the order to bring it to a joint presentation.


Article 26

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  • 2 The D.A. shall give his view at the court on the admissibility of the requested extradition and shall present a written summary to the court of justice. The requested person and his counsellor shall also be given the opportunity to comment on the request for extradition and the decisions to be taken in connection therewith.

  • 3 Claims the claimed person that he can prove without undue delay not to be guilty of the facts for which his extradition was requested, the court investigates that claim.

  • 4 If the court considers that it is necessary for the examination to be made by it pursuant to the first or third paragraphs of this Article, it shall, if necessary by adding an order to bring a joint action, order it to be determined by the court of justice. time of summons or written summons from witnesses or experts.


Article 27

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  • 1 On application of the officer of the judiciary, the court may order the imprisonment of the person claimed.

  • 2 Before the examination is closed, the court shall, of its own motion, decide on the detention of the person claimed, if it is held in custody or in insurance.


Article 28

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  • 1 As soon as possible after the conclusion of the examination, the court shall rule on the request for extradition. The statement shall state the reasons for its decision.

  • 2 Is the court

    that the documents submitted by the requesting State do not meet the requirements set out in Article 18 , or further requirements set out in the applicable Treaty,

    either that the request for extradition is not subject to authorisation,

    either that in respect of the person claimed, there is no presumption of guilt on the facts in respect of which his extradition was requested, or

    She declares that extradition is inadmissible on the date of its ruling.

  • 3 In cases other than those provided for in the preceding paragraph, the court shall declare in its judgment the extradition admissible, specifying the applicable rules and provisions of the Treaty, as well as the fact or the facts for which the extradition is can be allowed.

  • 4 The extradition shall be admissible notwithstanding an allegation made by the person claimed in accordance with Article 26, third paragraph The judgment shall state what the court has held to that effect.


Article 29

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  • 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.


Article 30

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  • 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 notified of the appeal against the judgment and of the period within which that remedy may be used.

  • 2 The court shall immediately send to our Minister a certified copy of its ruling. Where the extradition is declared admissible, it shall be accompanied by its opinion on the action to be taken in connection with the request for extradition. A copy of the opinion shall be communicated or forwarded by the Registrar to the person who has been claimed and his adviser.


Article 31

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  • 1 The judgment of the court concerning the request for extradition may be lodged in cassation by both the Public Prosecutor and the person who was claimed to be an appeal.

  • 2 Statements of the right to appeal in cassation, or where such appeal is withdrawn, shall without delay notify the Registrar of the Court of Justice of the Minister.

  • 3 The Public Prosecutor shall be required, on the grounds of inadmissibility, to submit to the High Court, within one month of the appeal of a appeal in cassation, a written statement of the means of cassation.

  • 4 The claimed person who has brought an appeal shall be obliged, on the grounds of inadmissibility, to submit a written document to the High Court before the day on which he/she has received his or her legal counsel, including his pleas in cassation.

  • 5 The President shall determine the legal day following consultation with the Attorney General. The Attorney General shall determine the day before the appeal is made at least eight days before the day of the day of the day of appeal to the person who has been claimed. This period may, subject to the consent of the person claimed, be regarded as having been made in accordance with the conditions laid down in this Article. Article 265, second paragraph, of the Code of Criminal Procedure . In the absence of a timely notice, the Supreme Court shall have the notice of a new legal day ordered, unless a counsellor has appeared in respect of the requested person. In the latter case, an extension may be granted at the request of the latter.

  • 6 In cases where the hearing of the appeal for a specified period of time is delayed or suspended, no new notice shall be made to the person who has been claimed.

  • 8 If the judgment of the court is destroyed in whole or in part, the Supreme Court does what the court had to do. Unless the Hoge Raad can take the case itself without entering into a review of the facts, he shall, if necessary, order the summoner of the person to be brought to the notice of a notice of appeal against a date to be determined by him.

  • 9 The High Court shall forward to our Minister without delay a certified copy of his judgment.


Article 32

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As soon as the court ruling on the extradition request has entered into force of res judiced, the Registrar of the court of first instance which last dealt with the case shall return that request to the Minister of the European Parliament with the supporting documents.


Section C. Decision on the request for extradition

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Article 33

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  • 1 After Our Minister makes the documents Article 32 has received back, he shall decide as soon as possible on the request for extradition.

  • 2 In so far as the extradition is declared inadmissible in the case of a judgment, the application shall be dismissive of the request.

  • 3 Is extradition only declared inadmissible because of the lack of security of the documents produced, our Minister may hold his decision. The same applies, if the extradition has been declared admissible, but our Minister considers it necessary for a responsible decision on his part.

  • 4 In the event of an appeal of his decision, our Minister shall allow the authorities of the Requesting State, within a reasonable period to be set by him, to produce further documents.

  • If the requested documents are not produced within the time limit laid down, the Minister shall be responsible for the request for extradition.

  • 6 The decision of Our Minister to request extradition shall be brought to the attention of the Requesting State by diplomatic means, unless otherwise provided for in the Convention.


Article 34

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  • 1 If, within the period prescribed, our Minister receives further documents, he may return the file of the case to the district attorney in the court which dealt with the request for extradition. Then find the Articles 23-26 , 28 - 32 and 33, first and second members , again application. If the extradition of the documents by the High Court is inadmissible, our Minister may also forward the file directly to the Attorney General to the High Court, together with the documents.

  • 2 In so far as the supporting documents so provide, the court shall declare the extradition admissible.


Article 35

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  • 1 If two or more States have requested the extradition of the same person, our Minister shall take into account the importance of proper administration of justice when deciding on their requests-to the extent that they are admissible and to be accepted. and, in particular, with:

    • a. the multiple or lesser seriousness of the various facts for which the extradition was requested;

    • b. the place or places where the facts are committed;

    • (c) the dates on which the requests for extradition were made;

    • d. the nationality of the person claimed;

    • (e) the possibility that the person claimed, after having been removed to the territory of one of the requesting States, is subsequently made available by the authorities of that State to the authorities of another requesting State.

  • 2 The first paragraph shall apply mutatis mutandis to the surrender of the surrender provided by the issuing judicial authority of a Member State of the European Union. Article 1 of the Overdelivery Act , and another state has requested the extradition of the same person.


Article 36

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Of its decision on the extradition request, and of its detention in accordance with Article 33, third paragraph , Our Minister immediately notiates the district attorney to the court which dealt with the request.


Section D. Continuing detention and expulsion from the Netherlands

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Article 37

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  • 1 A under Article 27 Detention of deprivation of liberty, subject to the possibility of further deprivation of liberty from others, shall be terminated as soon as:

    • a-by the court or by the prosecutor, of its own motion or at the request of the detainee, or of his counsellor, or ordered by the High Court when it is decided on an appeal in cassation;

    • b. it has taken thirty days, unless the court has now, on the claim of the Public Prosecutor, extended that period.

  • 2 The district attorney shall, in any event, order the termination of the detention order as soon as he has been informed of a decision by Our Minister to decide on the extradition request.


Article 38

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  • 2 The detainee shall be given the opportunity to be heard on the claim for renewal.

  • 3 Extension may be granted only in cases where:

    • (a) the judgment on the extradition request has not yet been made, or less than 30 days before, in force of res judiced;

    • b. Our Minister makes his decision in accordance with Article 33, third paragraph , has been detained;

    • (c) extradition has been requested by a third State, and our Minister has not yet at the request of that State;

    • d. extradition has been granted, but has not yet been able to take place.


Article 39

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  • 1 After total or partial acceptance of the request for extradition, the requested person shall be made available to the authorities of the Requesting State as soon as possible, at a request made by our Minister after consultation with those authorities; to determine time and place.

  • 2 The decision on time and place of extradition may be held if and as long as he is subject to criminal proceedings in the Netherlands, or a criminal judgment delivered against him by a Dutch judge. is still open to implementation in whole or in part.

  • 3 In cases provided for in the previous paragraph, our Minister may, if he considers that it is present, provide that the person who has been claimed for the purposes of his judgment in the territory of the requesting State shall at the present time be at the disposal of the of the authorities of that State.

  • 4 The person claimed, in respect of which the previous paragraph is applied, is a custodial sentence, and the time during which he is available to the authorities of the requesting State shall be deducted from his penalty period.


Article 40

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  • If this applies to the application of: Article 39, first or third member , is necessary, the person claimed shall be detained on the orders of the prosecutor appointed by Our Minister for a maximum period of three days. If extradition has not taken place within the three-day period, the order for arrest by the D.A. may be extended once for a period of not more than three days.

  • 2 After an extension of the period referred to in paragraph 1 by the D.A., the latter may be extended by the court only upon application of the officer. Article 38, first and second paragraphs , shall apply mutatis mutandis.

  • 3 An extension as referred to in paragraph 2 may be extended only if the extradition has not taken place by special circumstances within the time limit of 6 days.


Section E. Short Procedure

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Article 41

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  • 1 The fugitive whose provisional arrest or extradition was requested because of another state may-at the latest on the day prior to that which is Article 24 has been determined for his questioning by the court-state that he agrees to immediate extradition.

  • 2 Where otherwise provided for in the Convention, an attestation in accordance with the preceding paragraph may be made only before a Judge of the Commission responsible for the treatment of criminal matters.

  • 4 The fugitive may be assisted in making the statement by counsel. On this point, if he appears without counsel, his attention shall be drawn by the authority responsible for receiving the declaration.

  • 5 Before he makes the statement, the fugitive shall be made aware of the potential consequences thereof. The statement shall be made out in minutes. If applied to the fugitive Article 16a, second paragraph , or Article 22a, second paragraph The prosecutor will always be sent to the district prosecutor at the Amsterdam district court.

  • 6 The minutes of the declaration shall be forwarded by the authority to the prosecutor who is involved in the request for interim arrest pursuant to this Law, or the extradition request.


Article 42

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  • 1 After a declaration in accordance with Article 41 The Public Prosecutor may decide that the fugitive shall be made available to the authorities of the State whose request for provisional arrest, or the request for extradition, has been taken.

  • 2 The previous paragraph shall remain non-applicable:

    • a. if, for the fact or the facts, in connection with which the provisional arrest or extradition has been requested, under one of the provisions of the Articles 2 and 9 no extradition may be granted;

    • (b) if it is found that criminal proceedings are under way against the fugitive in the Netherlands, or that a judgment of the Netherlands has been issued against him by a court of law in whole or in part for enforcement.

  • 3 Of any decision, taken pursuant to paragraph 1 of this article, the district attorney shall immediately notify our Minister.


Article 43

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  • 1 If the D.A. in accordance with Article 42 has decided, that the fugitive will be made available to the authorities of the other state, remains Article 23 external application.

  • 2 Is the in Article 23 the claim has already been submitted to the court, it shall be withdrawn without delay. The Registrar of the Court of Justice shall make the request for extradition, together with the supporting documents, in the hands of the Public Prosecutor.

  • 3 Of the revocation of the claim, the officer shall notify the claimed person.


Article 44

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  • 1 After the day on which he Article 41 provided that the declaration has been made, the fugitive may remain in custody or in insurance for a period of not more than 20 days.

  • 2 The previous paragraph shall remain out of application if the officer decides that the declaration will not be followed and the request for extradition, with the supporting documents thereto, in accordance with Article 23, first paragraph It was submitted to the court.

  • 3 The period prescribed in paragraph 1 of this Article may be extended by the Court of Justice, upon application by the Public Prosecutor. Article 38, first and second paragraphs , shall apply mutatis mutandis.

  • 4 Renewal may take place only if the extradition has not been completed by special circumstances within the period of 20 days.


Article 45

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  • 1 In case of application of Article 42, first paragraph The D.A. shall, after consultation with the competent foreign authorities, determine without delay the time and place on which the extradition is to take place.

  • 2 The district attorney may, if necessary, with a view to extradition under the terms of this section, the arrest of fugitive orders. The provisions of Article 40, second and third paragraphs shall apply mutatis mutandis.

  • 3 In the case of extradition under the terms of this Section, Article 12 Not applicable.

Chapter IV. Other forms of legal assistance

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Article 46

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  • 1 Items found in the possession of the person whose extradition or provisional arrest has been requested under a Convention may be seized upon request from the competent foreign authorities. The seizure shall be carried out by, or on the expense of, the officer or auxiliary prosecutor of the judicial system, competent to give an order for arrest or provisional arrest.

  • 2 At the time of Article 23 The prosecutor shall present a list of the seized property to the court.


Article 47

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  • 1 The court shall decide on the extradition request also on the issue, or return, of the seized property. The issuing of such articles to the authorities of the Requesting State may be ordered only in the case of acceptance of the request for extradition.

  • 2 In view of the possible rights of third parties, the court may decide in respect of certain articles that it may be issued to the authorities of the requesting State only under the condition that those articles are to be issued immediately. It shall be returned after it has been used for the purpose of criminal proceedings.

  • 3 The provisions on and under the Articles 116 to 119 , 552a and 552c to 552nd of the Code of Criminal Procedure shall apply mutatis mutandis. In accordance with those provisions, the court shall be responsible for the courts to which the Article 23, first paragraph The court of the district in which the property has been seized shall be addressed to the court or tribunal of the district in which the action was not taken. If the objects were seized in the public bodies of Bonaire, Sint Eustatius and Saba, then the court of Amsterdam was competent to exclude it.

  • 4 In the case of extradition in accordance with the provisions of Section E of Chapter III decide, subject to the jurisdiction of the court under the preceding paragraph, to the District Attorney on the issue, or return, of the seized property.


Article 48

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  • 1 Aliens who are placed at the disposal of the authorities of another State by the authorities of a foreign State for the purpose of criminal investigations or the enforcement of a criminal judgment may be authorised by the authorities of a Member State. Our Minister in Dutch territory are being transported.

  • 2 Permission for land transport is not given under a treaty.

  • 3 The permission of Our Minister is not required for carriage by air in which no landing is made on Dutch territory.

  • 4 In the case of an unforeseeable landing in the Netherlands, at the request of the foreign officials accompanying him, the foreigner may be arrested for the time being under an order of an officer or auxiliary officer of the office of the Justice. The Articles 14 and 16a, 1st Member , shall apply mutatis mutandis.

  • 5 The carriage of the provisional alien may continue, as soon as our Minister grants permission to do so. If the authorisation has not yet been granted after the expiry of the term of insurance, or shall be refused by that period, the alien shall be placed in freedom without delay, subject to the possibility of further deprivation of liberty on the part of others.


Article 49

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The following Article 48 the consent is not given in cases where, if the request for extradition was concerned, that application should be rejected on the basis of the provisions of the Articles 8-10 .


Article 50

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  • 1 Where otherwise provided by the Treaty, transport is to be carried out in accordance with the conditions laid down in the Annex. Article 48 , the surveillance of the foreigner dedicated to Dutch officials.

  • 2 If due to particular circumstances it is not possible to continue transport through the Netherlands, Bonaire, Sint Eustatius or Saba without interruption, the foreigner may, in anticipation of a suitable opportunity to depart elsewhere, where necessary, in a house of preservation, on presentation of a document from which the Minister for Transport has been authorised by Our Minister.


Article 50a

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  • 1 In cases where a person, who has been deprived of his liberty abroad, is being temporarily made available to the Dutch justice department and that of Bonaire, Sint Eustatius and Saba for making a statement as a witness. or for confrontation, during his stay, he is to be landed here on the orders of the competent member of the public prosecutor ' s office. The Articles 54 and 56, 1st Member shall be applicable, where appropriate, mutatis mutandis.

  • 2 The ininsurance shall be removed as soon as the competent member of the public prosecutor's office receives notice, that the grounds for deprivation of liberty abroad no longer exist.


Article 51

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  • 1 In cases where this is defined by a Treaty, our Minister may allow persons who are deprived of their liberty in the Netherlands to be temporarily placed at the disposal of the authorities of another State for the purpose of making the a statement as a witness, or for confrontation.

  • 2 In so far as the Convention does not otherwise determine, the consent of the person to be temporarily made available shall be required.

  • 3 Our Minister does not allow the temporary posting if it has been requested for the benefit of a criminal investigation established in the territory of another State, which relates to facts, for which under Article 9 or 10 No extradition is possible.

  • 4 The person concerned is given a custodial sentence in the Netherlands, and the time during which he is available to the authorities of the other State shall be deducted from his penalty period.


Article 51a

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  • 1 For the offences referred to in paragraph 2, to be punishable pursuant to the conventions referred to in that paragraph, it may be extraded to States Parties to the Convention.

  • 3 Extradition under paragraph 1 shall be effected in compliance with the provisions of this Law and, in addition, to the extent to which no other extradition convention is applicable-of the provisions of the European Convention relating to extradition of 13 December 1957 ( Trb. 1965, 9).

Chapter V. Final provisions

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Article 52

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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.


Article 53

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  • 1 The order for deprivation of liberty, given under this law, shall be immediately enforceable.

  • 3 On the implementation of orders for deprivation of liberty and the burden to do so, the Articles 564-568 of the Code of Criminal Procedure applicable. In the case of the implementation in public bodies Bonaire, Sint Eustatius and Saba, Articles 618 to 623 of the Code of Criminal Procedure (BES) shall apply.


Article 54

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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.


Article 55

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  • 1 In the case of Article 40 of the Code of Criminal Procedure it shall apply mutatis mutandis in respect of a fugitive as provided for in this Act. If the fugitive is in Bonaire, Sint Eustatius or Saba, the provision of legal assistance free of charge shall be carried out in accordance with the Code of Criminal Procedure BES.

  • 2 If a person is deprived of his liberty under this law-other than from the force of an arrest warrant or provisional arrest, or to an ininsurance claim or to extend the period of such detention-the President shall of the court in the arrondissement in which he finds himself a burden to add to the board of the Board for Legal Aid. The D.A. shall inform the President without delay in writing, that addition shall be made.


Article 55a

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Orders to custody and detention, given under this law, are Article 66a of the Code of Criminal Procedure applicable mutatis mutandis.


Article 56

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  • 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 D.A. is in accordance with the law of the Article 36 has been notified of the decision of Our Minister authorising extradition. The conditions to be laid down shall be limited to the prevention of flights.


Article 57

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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.


Article 58

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The time limits mentioned in the Article 16, point C , 37, 1st paragraph B , 40, third member , and 44, 1st Member , do not run during the time when the person concerned has withdrawn from the application of the warrants provided for in those Articles.


Article 59

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  • 1 In cases where extradition is declared inadmissible in the court of law, the court which dealt with the case may, at the request of the person claimed, grant him compensation to the State for the damage he has caused. incurred 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 members, and 90 , 91 , and 93 of the Code of Criminal Procedure shall be applicable mutatis mutandis.

  • 2 In cases referred to in the preceding paragraph, the Articles 591 and 591 A of the Code of Criminal Procedure shall apply mutatis mutandis for compensation of costs and claims for the person claimed or of his heirs. Instead of the court referred to in those Articles, the court which dealt with the request for extradition shall take place.


Article 60

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Notices, notices and invocations made under this Act are the Articles 585 to 588 , 589 and 590 of the Code of Criminal Procedure applicable mutatis mutandis.


Article 60a

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Where jurisdiction is given in this law to the hearing of persons, Article 131a of the Code of Criminal Procedure applicable mutatis mutandis.


Article 61

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  • 1 The provisions of the preceding Chapters 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 under an agreement with one or more States to which the Netherlands We have a common relationship.

  • 2 [ Red: Contains changes to other regulations.]


Article 62

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  • 1 Repealed is the Law of 6 April 1875, Stb. 66, to regulate the general conditions which may be concluded with regard to the extradition of foreign nationals to the Foreign Powers of the European Union.

  • 2 The law referred to in paragraph 1 shall continue to apply to the processing of a request for extradition and to the decisions to be taken in connection therewith, in cases where the documents relating to that request have already been made before the date of the entry into force of that law. effect of this law to the court for advice has been sent.

  • 3 Articles 16, second and third paragraphs, and 17 of the repealed Act shall continue to apply to the treatment of a petition as referred to in Article 16, first paragraph, of that Act, and on the decision to be adopted by the High Court, in cases where that application has already been submitted to the High Court before the date of entry into force of this Law.

  • 4 The Supreme Court decides that the plaintiff is a Dutchman, then an application for his extradition shall be terminated immediately by the court in accordance with the provisions of this law.

  • 5 A foreigner who, at the time of entry into force of this law, is in custody following an order given under Article 9 or Article 12 of the repealed Act, shall be-so the documents relating to the request for his extradition on that time not yet to be sent to the court-then considered and treated as someone who is under Article 22 , below Article 21, third paragraph , this law is held in detention or is covered by insurance.


Article 62a

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  • 1 A request for extradition concerning a person who is in the public bodies Bonaire, Sint Eustatius and Saba that for the time of transition, intended in Article 1 (a) of the Importing Act public entities Bonaire, Sint Eustatius and Saba , has been submitted and which has not been decided at that time, shall be handled by the body competent from that time and shall be dealt with in accordance with the provisions of this Law.


Article 63

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This law can be cited under the title: extradition law.

Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.

Given at Paleize Soestdijk, 9 March 1967

JULIANA.

The Minister of Justice,

STRUYCKEN.

The Minister for Foreign Affairs,

J. LUNS.

Issued on the 14th March 1967.

The Minister of Justice,

STRUYCKEN.