Key Benefits:
Act of 27 September 2007 implementing the Framework Decision No Council of the European Union 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (PbEG L 76) (Mutual recognition and enforcement of criminal penalties)
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 have taken into consideration that the implementation of the Framework Decision No. Council of the European Union No 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (PbEG L 76), calls for the adoption of rules for mutual recognition and enforcement of financial penalties and, furthermore, that it is desirable to establish a general framework in which future framework decisions on mutual recognition of final agreements can be implemented;
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. judicial ruling: an irrevocable decision by a judge on the grounds of a criminal offence;
(b) Decision: an irrevocable decision of an administrative authority on the grounds of a criminal offence or a fact that is punishable as an offence against the rules of the order, in so far as the decision appeals against a particular offence ( criminal courts has been opened;
(c) issuing Member State: Member State of the European Union in which a court order or decision has been delivered;
(d) executing Member State: Member State of the European Union to which a judgment or decision has been or is to be enforced for the purpose of implementation;
(e) sanction: penalty or measure imposed by a judicial decision or a decision;
f. pecunious penalty: penalty imposed on the obligation to pay:
1 °. a fine;
2 °. a sum of money for the benefit of the victim of the offence, in so far as this obligation has been imposed by the strait;
(3) a sum of money for a compensation fund or institution for the benefit of victims of criminal offences in so far as this obligation has been imposed by a judicial decision or a decision;
4 °. process costs;
g. articles: all cases and any power rights in respect of which the judge of the issuing Member State has decided that:
1 °. the proceeds of a criminal act may be equivalent to the total or partial value of the proceeds; or
2. means a tool for that offence; or
3 ° are liable to confiscation by the application, in the issuing Member State, of one of the extended powers of confiscation within the meaning of Article 3, first and second paragraph, of Council Framework Decision 2005 /212/JHA of 24 February 2005 on the confiscation of the proceeds of crime and the instrumentalities used and the objects obtained through them (PbEU L 68 of 15 March 2005), or
4 ° shall be liable to confiscation under other legal provisions of the issuing Member State in respect of extended confiscation powers;
h. yield: Any economic advantage obtained from criminal offences. This can be all objects;
Tools: all articles used or intended to be used in any way, in whole or in part, in order to commit one or more criminal offences;
Cultural goods: cultural goods referred to in Article 3:86a, first paragraph, BW ;
k. decision, holding a financial penalty: a court order or a decision imposing a pecunious sanction as referred to in subparagraph (f) of this Article;
(l) order to confiscate confiscation: a court ruling which leads to the permanent deprive of an object;
m. convicted: the person to whom a sanction has been imposed;
n. 'Prosecutor': the following: Articles 4 and 5 qualified officer of the judiciary, except where otherwise expressly provided for in this Act.
Judgments and orders drawn up in another Member State of the European Union and sent to the Netherlands are recognised and enforced in the Netherlands in accordance with the provisions of this law.
Judgments and decisions referred to in the Netherlands may be sent to another Member State of the European Union in accordance with the provisions of this Act with a view to their implementation.
The Public Prosecutor shall be responsible for the recognition and enforcement of a judgment ordered in another Member State of the European Union, including a pecuniary sanction or confiscation order, shall be the district prosecutor of the district label in Leeuwarden.
The Public Prosecutor shall be responsible for sending a decision imposing a financial penalty or a confiscation order imposed in the Netherlands to another Member State of the European Union with a view to its implementation. the arrondissementsparket in Leeuwarden.
1 Susceptible to recognition and enforcement in the Netherlands are:
A. decisions taken in another Member State of the European Union holding a financial penalty:
1 °. in the case of a court ruling;
2 °. by decision;
3 °. in the event of an irrevocable judicial decision, appeals against a decision.
B. confiscation orders taken in another Member State of the European Union and ranging up to:
1. payment of a sum of money to the State to deprive the State of an advantage which has been unlawfully obtained;
2 °. 'confiscation', where the court has determined the articles to be used for the purposes of implementing that sentence.
2 The first paragraph shall apply in the case where the sentenced person is a natural person, in so far as that income or property or his permanent place of residence or residence in the Netherlands or, in the case of the sentenced person, is a legal person, to the extent that this income or assets or its registered office has its registered office in the Netherlands, or if the specific item on which the confiscation order relates is located on Dutch territory.
1 The decisions referred to in Article 6, first paragraph , and the completed certificate, drawn up in accordance with the model established by a general measure of administration, shall be taken into consideration by the D.A. Where these documents have not been sent to him, they shall be forwarded to him by the addressee without delay. The consignee shall immediately inform the competent authority of the issuing Member State in writing thereof. The D.A. shall acknowledge receipt of a request forwarded to him by the competent authority of the issuing Member State.
2 If the certificate is missing, incomplete or appears to be not in accordance with the decision, Article 6, first paragraph The prosecutor shall request the competent authority in the issuing Member State to submit, supplement or improve the certificate in the issuing Member State.
3 The D.A. may ask the competent authority in the issuing Member State to produce a certified copy of the decision or the original of the certificate.
If a decision as referred to in Article 6, first paragraph , is expressed in foreign currency, the D.A. shall determine the amount in euro according to the exchange rate applicable at the time when the decision was taken.
1 The implementation of the decision as referred to in Article 6, first paragraph , it shall cease as soon as the competent authority of the issuing Member State has received a notification for that purpose.
2 As soon as the implementation of the decision as referred to in Article 6, first paragraph The officer shall immediately inform the competent authority of the issuing Member State of the completion of the completion of the operation.
1 Judgments for recognition and enforcement in another Member State of the European Union are decisions, including one in the Netherlands:
(a) a fine imposed by a court ruling;
(b) an obligation to pay the State of a sum of money for the benefit of the victim in the case of a court ruling;
(c) administrative penalty imposed by the competent authorities on the basis of a decision Article 2 of the Law Enforcement Enforcement Act ;
d. Taken confiscation order, relating to a monetary amount;
e. Confiscation order taken, relating to a specific object.
2 The district attorney may send a decision as referred to in paragraph 1 to another Member State of the European Union for the purposes of its implementation if the convicted person in that other Member State has any income or assets or his or her fixed assets or assets in the Member State of the European Union. -where the convicted person is a legal person, has income or property or its registered office or has its registered office in the case of the person convicted.
3 Without prejudice to the provision of paragraph 2, the D.A. shall be entitled to send a decision under subparagraph (e) of the first paragraph for recognition and enforcement to the Member State, where he has reasonable grounds to believe that the Member State concerned may not the object is situated in the territory of that Member State.
1 A decision may be approved and enforced for recognition and shall be recognised and enforced in accordance with the provisions of the Articles 561 and 572 , 573, first and second members , 574 to 576 of the Code of Criminal Procedure , unless otherwise provided for in this Act.
2 The D.A. may suspend enforcement during the period necessary to ensure that the decision to be implemented is translated into the Dutch language.
3 Except in Article 12 Those cases shall remain the same as the amount of the pecunious penalty imposed.
1 In case the decision, bearing the financial penalty, seeks to pay a fine that is higher than the legal penalty limit by which the relevant fact is under Dutch law, the district attorney shall reduce the amount of the penalty the amount to that maximum penalty if the relevant fact has been committed outside the territory of the issuing Member State and could be exercised under Dutch law in respect of that matter.
2 If the convicted person makes reasonable that payments have already been made to the satisfaction of the financial penalty, the officer shall consult the competent authority of the issuing Member State.
3 The amounts already recovered shall be deducted entirely from the amount due.
4 The prosecutor shall immediately inform the competent authority of the issuing Member State of the amount due on the basis of paragraph 1 or third paragraph.
1 The district attorney shall refuse the recognition and enforcement of the decision, holding a monetary penalty if:
(a) the financial penalty has been imposed as a result of a fact on which the person to whom the financial penalty has been pencated:
1 °. has already been irrevocably decided by the Dutch court;
2 °. a penalty has already been imposed by another Judge which has been enforced;
b. subject to the provisions of the second paragraph, the fact for which the financial penalty has been imposed, if it was committed in the Netherlands, would not be punishable under Dutch law;
c. on the fact that the financial penalty has been imposed on Dutch law could be exercised and the right to execute the financial penalty under Dutch law would be time-barred;
(d) the enforcement of the decision, bearing in mind the financial penalty, is incompatible with a immunity applicable under Dutch law;
e. the convict, at the time of the committing of the fact, had not reached the age of 12 years;
f. the certificate has not been submitted, is incomplete or appears to be in conformity with the decision and is not in accordance with the application, as referred to in Article 4 (2). Article 7, second paragraph , it is fulfilled.
2 The implementation of a decision shall not be refused under paragraph 1 (b), if the fact for which the financial penalty has been imposed is indicated or is covered by the list of general management measures adopted on a general measure. facts and types of facts.
3 The enforcement of the decision on a monetary penalty shall not be refused under paragraph 1 (c), other than after the competent authority of the issuing Member State has been given an opportunity to provide information on the matter. to be provided.
1 The district attorney refuses recognition and enforcement of the decision on a monetary penalty if the certificate proves,
(a) where the sentenced person has not been informed of his right to the person or by a representative authorised under national law where the application has been imposed by decision, in accordance with the law of the issuing Member State; dispute as well as of the time limits for the use of that remedy; or
b. the convict did not appear in person at the treatment at the hearing that led to the decision, holding a monetary penalty unless stated in the certificate that the convict, in accordance with the procedural rules of the issuing Member State:
1 °. in time and in person has been summoned and given notice of the date and place of the treatment at the hearing that led to the decision, holding a monetary sanction or otherwise actually officially in knowledge was informed of the date and place of the proceedings at the hearing so that it was unequivocally established that he was aware of the intended hearing and was informed that a decision may be taken when he was informed of the intended hearing and that he was informed of the intended hearing. does not appear at the hearing; or
2. was aware of the intended treatment at the hearing and authorised to arrange for his defence and that the lawyer was given his defence for the hearing, or lined; or
3 °. after the decision, on a pecunious sanction, was notified to him and he was expressly informed of his or her right to a settlement or appeal proceedings in which he is entitled to be present and during which of the proceedings; the substance of the case is again dealt with and new evidence is allowed, and which may lead to revision of the original decision, expressly stated that he/she does not contest the decision or not to the term of appeal or appeal prescribed; or
c. the convict has not appeared in person, unless it is stated in the certificate that the convict, after being expressly informed of the treatment for the hearing and about the possibility of attending in person at the hearing expressly stated that his right to an oral hearing has been expressly waived and has expressly stated that he does not contest the case.
2 The enforcement of the decision, holding a financial penalty, shall not be refused only after the competent authority of the issuing Member State has been given the opportunity to provide information on this matter.
The D.A. may refuse the recognition and enforcement of a decision, holding a financial penalty if:
a. The fact of which the financial penalty has been imposed:
1. is deemed to have been committed wholly or partly on Dutch territory or outside the Netherlands on board a Dutch vessel or aircraft; or
2 °. has been committed outside the territory of the issuing Member State, but no prosecution could be established under Dutch law if the fact of the matter was committed outside the Netherlands;
b. The amount of the monetary sanction shall be 70 euro or less.
If the D.A. on the grounds of one of the Articles 13 , 13a and 14 the grounds on which the application of the financial penalty is refused shall be notified without delay by the competent authority of the issuing Member State to the competent authority of the issuing Member State, stating the reasons on which it is based.
1 The convict may be opposed to taking back the story. Article 575, third paragraph, of the Code of Criminal Procedure shall apply, except that the objection shall be submitted to the North-Netherlands court.
2 With regard to third parties who consider, in whole or in part, objects to objects to which the story is taken, the provisions of the Law of Civil Procedure applicable.
(1) If the financial penalty has been imposed by a court order imposing a penalty on replacement, the judge may, on application by the officer of the Prosecutor's order, to give effect to that replacement. Custody. The claim shall only be brought if the convicted person fails to comply with the obligation to pay the financial penalty, full story on the basis of the Articles 574 to 576 of the Code of Criminal Procedure it has not been shown to be possible on his income or assets and the competent authority of the issuing Member State has agreed to the implementation of that replacement.
2 The claim is brought in and treated by the court room of the court north of the Netherlands.
3 The district attorney is calling the convicted person for the treatment of the claim. The treatment shall take place in public.
4 The claim shall not be awarded if the fact for which the sanction was imposed, if it was committed in the Netherlands, would not be punishable by Dutch law.
5 In assessing the claim, the hearing room shall take into account partial payments made by the convicted person and the story already under way Articles 574 to 576 of the Code of Criminal Procedure has been taken.
6 In the case of assignment of the claim, the hearing room shall determine the duration of the remandation. Article 24c, second to fifth paragraphs of the Code of Criminal Law shall apply. The duration shall not be higher than the maximum declared by the competent authority of the issuing Member State.
7 The decision of the council chamber shall be served on the sentenced person. Article 564 of the Code of Criminal Procedure shall apply mutatis mutandis.
8 The penalty to be remanded may be terminated at any time by the D.A. The detention shall end if the convicted person fully complies with the obligation to pay the fine.
9 If the claim is assigned and the sanction to be taken as a substitute is enforced, the officer shall immediately inform the competent authority of the issuing Member State in writing.
1 The prosecutor shall forward the decision accompanied by a completed certificate drawn up in accordance with the model established by a general measure of management, directly to the authorities of the executing Member State which are competent to act. recognising and implementing the decision.
2 If it is not known which authorities in the executing Member State are competent for recognition and enforcement, the D.A. shall request information in this regard.
3 The decision shall not be sent to two or more Member States at the same time.
4 The transmission may take place by ordinary mail, telefax or electronic mail, provided that the authenticity of the documents transmitted can be determined by the competent authority of the executing Member State.
5 At the request of the competent authority of the executing Member State, the officer shall send them a certified copy of the judgment or order or the original of the certificate.
1 The right of enforcement in the Netherlands of the decision sent to the executing Member State shall be suspended during the period when the decision is to be implemented in that other Member State.
2 It may be implemented as soon as:
(a) from the competent authority of the exporting Member State, it has been received that the decision has not been implemented in whole or in part; or
b. a notification as referred to in Article 21 was sent.
If, after a decision has been sent to the executing Member State, a sum of money has been received for the payment of the amount due, the competent authority of the executing Member State shall, without delay, either by or by the State Prosecutor Informed.
Where the decision transmitted to the executing Member State is intended to pay the State of a sum of money for the benefit of the victim, the State shall, as soon as the executing Member State receives a notification that an amount has been received, return to the State. That amount to the victim.
If the Public Prosecutor decides that the enforcement of the decision must be terminated in the executing Member State, the competent authority in the executing Member State shall be informed in writing thereof without delay.
1 An approved confiscation order shall be recognised and enforced in accordance with Netherlands law. In so far as the confiscation order:
(a) payment of an amount of money to the State for the purpose of deprive the State of an advantage conferred by it, the decision shall be taken in accordance with Article 577b, first paragraph , and 577c of the Code of Criminal Procedure , implemented, it being understood that the Court of Justice of the United Kingdom has jurisdiction to deal with the application for enforcement of the enforcement of the charge;
b. relates to a specific item, the decision shall be made in accordance with the Articles 577 and 577a of the Code of Criminal Procedure implemented, unless otherwise provided for in this Act.
(2) If the confiscation order relates to a specific item, the officer may agree with the competent authority of the issuing Member State, that enforcement is effected in the form of an obligation to payment of a specific monetary amount to the State. Where appropriate, the Articles 561 , 572 , 573, first and second members , and 574 to 576 of the Code of Criminal Procedure applicable mutatis mutandis.
3 A substitute penalty or measure shall be implemented only after the competent authority has given its consent in the issuing Member State.
1 In the case of overlapping of decisions as referred to in Article 6, first paragraph, part B The Public Prosecutor shall decide which order of confiscation shall be given priority, taking into account all facts and circumstances.
(2) If the person concerned provides evidence of whole or partial confiscation in another State, the D.A. shall consult the competent authority of the issuing Member State. In the case of confiscation of proceeds, the parts of the amount which have already been confiscated in another State in response to the confiscation order shall be deducted in full from the amount of the money to be confiscated in the Netherlands.
1 The district attorney shall refuse the recognition and enforcement of the confiscation order, if:
(a) the confiscation order has been taken on the basis of a fact which has been imposed in respect of the person to whom that decision has been taken:
1 °. has already been irrevocably decided by the Dutch court;
2 °. any other judge has already imposed a sentence or a measure which has been enforced;
b. subject to the provisions of the second paragraph, the fact that the criminal case in connection with which the confiscation order was imposed, if it was committed in the Netherlands, would not be punishable under Dutch law;
c. on the basis of the criminal case in relation to which the confiscation order was taken, jurisdiction could be exercised under Dutch law and the right to execute the confiscation order to Dutch law would be a statute of time;
d. the execution of the confiscation order is incompatible with a immunity applicable under Dutch law;
e. the rights of interested parties prevent the execution of that confiscation order.
2 The implementation of a decision shall not be refused under paragraph 1 (b) if the fact for which the confiscation order has been imposed is indicated or falls under the general measure of management list of facts and types of facts and the fact in the issuing member state is threatened with a maximum custodial sentence of at least three years.
3 The recognition and enforcement of the confiscation order shall not be refused under paragraph (a), after the competent authority of the issuing Member State has been given the opportunity to provide information on this subject. The same shall apply to a refusal under subparagraph (e) of the first paragraph, if no legal remedy as referred to in point (a) is Article 27 is set.
1 The district attorney refuses recognition and enforcement of the confiscation order, if the certificate shows that the convicted person did not appear in person at the hearing which until the decision until his death. confiscation, unless it is stated in the certificate that the convicted person, in accordance with the procedural rules of the issuing Member State:
1 °. in time and in person has been summoned and given notice of the date and place of the treatment at the hearing which led to the confiscation order or otherwise actually officially notified of the order. the date and place of the proceedings at the hearing so that it is unequivocally established that he was aware of the intended hearing and was informed that a decision may be taken if he was not to be the hearing appears; or
2. was aware of the intended treatment at the hearing and authorised to arrange for his defence and that the lawyer was given his defence for the hearing, or lined; or
3 °. after the confiscation order had been served on him and he was expressly informed of his right to a settlement or appeal proceedings, where he has the right to be present and during which the case has been re-established. If the substance is dealt with and the new evidence is accepted, which may lead to revision of the original decision, it has been expressly stated that it does not contest the decision or does not oppose it within the prescribed period, or The appeal has been appealed.
2 The execution of the confiscation order shall not be refused than after the competent authority of the issuing Member State has been given the opportunity to provide information on this subject.
1 The D.A. may refuse the recognition and enforcement of a confiscation order if the fact for which the confiscation order has been imposed:
1. is deemed to have been committed wholly or partly on Dutch territory or outside the Netherlands on board a Dutch vessel or aircraft; or
2 °. has been committed outside the territory of the issuing Member State, but no prosecution could be established under Dutch law if the fact of the case outside the Netherlands were committed.
If the criminal procedure leading to the confiscation order concerned both a ground crime and money laundering, the 'fact' for the purposes of this paragraph shall be understood to mean the ground offence.
2 The prosecutor may also refuse the recognition and enforcement of a confiscation order if he considers that that decision has been issued with the application of extended confiscation powers as referred to in Article 2 of the Article 1, part g, below 4 ° .
3 The recognition and enforcement of the confiscation order shall not be refused pursuant to this Article, after the competent authority of the issuing Member State has been given the opportunity to provide information.
1 The D.A. may suspend execution of a confiscation order if:
(a) the confiscation order is a sum of money sent to one or more other Member States with a view to its enforcement and the D.A. considers that there is a risk that the total proceeds of the confiscation must be implementation is higher than the amount specified in the confiscation order;
b. according to Article 27 a legal remedy has been established;
c. the importance of an ongoing criminal investigation is opposed to the implementation of the decision;
d. He considers necessary translation of the confiscation order;
(e) the confiscation order concerns a specific item and a confiscation procedure is already in place in respect of that object.
2 The prosecutor shall inform the authorities of the issuing Member State without delay in writing of the suspension of enforcement. In the cases referred to in paragraphs (b) to (e), first paragraph, it shall indicate the grounds and, if possible, the expected duration of the suspension.
3 Once the grounds for suspension have expired, the decision shall be implemented. The authorities of the issuing Member State shall be informed in writing thereof without delay.
1 The convicted, as well as interested parties, may appeal against the recognition and enforcement of a confiscation order at the District Court Northern Netherlands. The appeal shall be lodged not later than seven days from the date on which the convicted or interested party has been informed of the decision on recognition and enforcement. The Articles 21 to 25 of the Code of Criminal Procedure shall apply. An appeal has suspensive effect.
2 With regard to interested parties who are wholly or partly entitled to be entitled to articles seized on the basis of this Law, the provisions of the Law of Civil Procedure applicable.
3 If a legal remedy is brought against the recognition and enforcement of a confiscation order, the competent authority of the issuing Member State shall be informed accordingly.
4 Article 15 shall apply.
1 If the amount of money obtained from the execution of the confiscation order exceeds € 10 000, half of the total proceeds shall be transferred to the issuing Member State. If the amount of money obtained from the execution of the confiscation order is less than € 10 000, the whole proceeds shall be allocated to the State. Rules relating to the manner in which this division takes place shall be laid down in or under general management measures.
2 The D.A. may decide that specific items, obtained by the execution of a confiscation order:
a. to be sold, after which the proceeds from the sale shall be distributed in accordance with the first paragraph;
(b) be transferred to the issuing Member State;
c. be destroyed.
3 The objects shall not be sold or returned, if they are cultural goods that are part of the Dutch cultural heritage.
4 If the objects with application of Article 573, first paragraph, of the Code of Criminal Procedure have been obtained, they shall not be transferred to the issuing Member State, that is after the authorisation has been granted.
5 The Minister of Justice may agree with the issuing Member State that the confiscated property shall be divided differently from the first and second paragraphs.
1 If the D.A. on the grounds of the Article 24, first paragraph , 24a, 1st Member , or 25, 1st Member In refusing to recognise and enforce the confiscation order, it shall immediately inform the competent authority of the issuing Member State in writing and reasoned in writing.
2 If the execution of the confiscation order does not, or does not entirely succeed, the officer of the judicial authority shall immediately inform the competent authority of the issuing Member State of the reasons.
3 The application of a replacement penalty or measure shall immediately inform the competent authority of the issuing Member State of the authority or measure.
4 If implementation of the confiscation order proves impossible, after the competent authority of the issuing Member State has been given an opportunity by the competent authority of the executing Member State to submit further details of the confiscation order, the competent authority of the issuing Member State shall be notified in writing to the competent authority of the issuing Member State without delay.
1 Items in respect of which the issuing Member State has sent a confiscation order to the Netherlands for the purpose of recognition and enforcement, as well as articles which may serve to preserve the right to redress may be accepted by the Member State in which the A prosecutor's office is being seized.
2 Seizure in accordance with paragraph 1 shall be carried out only in cases where there are reasonable grounds for the expectation that the confiscation order will be implemented in the Netherlands in the short term.
1 The D.A. shall send a certified copy of the confiscation order, accompanied by a completed certificate drawn up in accordance with the model established by a general measure of management directly to the Authority; of the executing Member State which is empowered to recognise and implement the decision in a manner which allows the continuation of a written document enabling the authenticity to be established.
2 At the request of the executing Member State, a certified copy of the confiscation order and the original of the certificate shall be sent to the executing Member State.
3 If it is not known which authorities in the executing Member State are competent for recognition and enforcement, the D.A. shall request information, inter alia, from the European Judicial Network.
4 Subject to the cases provided for in paragraphs 5 and 6, the decision shall not be forwarded to two or more Member States at the same time.
5 The prosecutor may send a confiscation order taken in the Netherlands relating to a sum of money only to more than one Member State at the same time, if he considers that only multiple transmission means that the person concerned is liable to have the right to confiscate the property. full implementation of the confiscation order can be achieved. The D.A. shall ensure that the total proceeds of the implementation are no more than the maximum amount specified in the confiscation order.
6 The D.A. may send a confiscation order taken in the Netherlands relating to one or more specific items only to more than one Member State at the same time, if:
a. He has reasonable grounds to suspect that different items covered by the decision are located in different Member States;
(b) the confiscation of that particular object in respect of which that decision relates has caused action in more than one Member State;
(c) he has reasonable grounds for suspecting that a specific item subject to the decision is located in one of two or more Member States.
The right of enforcement in the Netherlands of the decision forwarded to the executing Member State shall remain in force, without prejudice to the application of the provisions in force in the Netherlands. Article 31 .
1 If the officer decides that the execution of the confiscation order must be terminated in the executing Member State, he shall immediately inform the competent authority in writing thereof.
2 In case of application of Article 31, fifth or sixth paragraph , the district attorney shall immediately inform the competent authorities in all executing Member States, if
a. He considers that there is a risk that the maximum amount in the confiscation order will be exceeded;
(b) the confiscation order has been executed in whole or in part in the Netherlands or in one of the other executing States; where applicable, the amount of the amount to be executed shall be specified;
c. the D.A. receives a sum of money which the convict has voluntarily paid in connection with the confiscation order, after the transmission of that order to confiscate it to another Member State.
1 All costs of enforcement of a judgment, order of confiscation or order in the Netherlands pursuant to the provisions of this law shall be borne by the State.
2 The Minister of Justice may propose to the competent authority of the issuing Member State to share the costs of implementation if it pursues the implementation of a judicial ruling in accordance with Chapter III, Section 1 It is concerned.
3 When on the basis of Article 31, first paragraph , a Member State was requested to recognise and implement a Dutch confiscation order, the Minister of Justice may agree to the application by the executing State to share the costs of its implementation. The Minister of Justice shall give its assent only if, on the basis of detailed information supplied by the executing Member State, it considers that such costs are high or exceptional.
1 All that is obtained by enforcement in the Netherlands of a judgment or order in accordance with Chapter II, Section 1 -From this law, comes to the benefit of the state.
2 The Minister of Justice may agree with the issuing Member State that the benefits obtained as referred to in paragraph 1 are wholly or partly communicated to the Member State issuing the issuing Member State.
3 All that is obtained by enforcement in the Netherlands of a judgment pursuant to Chapter III, Section 1 , of this law, shall be determined in accordance with the provisions of Article 28 distributed.
Notices, notices and invocations made under this Act are the Articles 585 to 590 of the Code of Criminal Procedure applicable.
If applicable Article 558, second paragraph, of the Code of Criminal Procedure the competent authority of the issuing Member State shall be notified in writing without delay in writing to the competent authority of the issuing Member State of a sanction granted in the Netherlands under the provisions of this Law.
This law is cited as: Mutual recognition and enforcement of monetary sanctions and confiscation orders.
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.
Given at Gravenhage, 27 September 2007
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
Issued the eleventh October 2007The Minister of Justice,
E. M. H. Hirsch Ballin
