Key Benefits:
Law of 12 July 2012 implementing Council Framework Decision 2008 /909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters involving custodial sentences of or to deprivation of liberty imposed measures to implement it in the European Union (PbEU L 327), of Framework Decision 2008 /947/JHA of the Council of the European Union of 27 November 2008 on the application of the principle of mutual recognition to the Member States of the European Union recognition of judgments and probation decisions for the purpose of supervision of Probation measures and alternative sentences (PbEU L 337) and Council Framework Decision 2009 /299/JHA of 26 February 2009 amending Framework Decision 2002 /584/JHA, 2005 /214/JHA, 2006 /783/JHA, Framework Decision 2008 /909/JHA and Framework Decision 2008 /947/JHA and strengthen the procedural rights of persons, promote the application of the principle of mutual recognition to decisions taken in respect of persons not subject to the application of the principle of mutual recognition appeared during the process (PbEU L 81) (Mutual Recognition and Enforcement Act) Deprivation of liberty and probation measures)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that the implementation of Council Framework Decision 2008 /909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal proceedings involving custodial sentences or measures involving deprivation of liberty have been imposed with a view to their implementation in the European Union (PbEU L 327), of Framework Decision 2008 /947/JHA of the Council of the European Union of 27 November 2008 on the application of the principle of mutual recognition of judgments and probation decisions with a view to the monitoring of probation measures and alternative sentences (PbEU L 337) and of Council Framework Decision 2009 /299/JHA of 26 February 2009 amending Framework Decision 2002 /584/JHA, Framework Decision 2005 /214/JHA, framework decision 2006 /783/JHA, Framework Decision 2008 /909/JHA and 2008 /947/JHA and strengthening the procedural rights of persons, promoting the application of the principle of mutual recognition to decisions given in respect of persons which have not appeared during the process (PbEU L 81) necessares to lay down rules for the mutual recognition and enforcement of criminal judgments;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act and the provisions resting thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Security and Justice;
b. Court ruling: an irrevocable decision by a judge for one or more of the offences;
c. sanction: penalty or measure imposed by a court ruling;
ed. Issuing Member State: Member State of the European Union in which a judgment has been issued, which has been or is to be sent to another Member State for the purpose of its implementation;
e. Member State: Member State of the European Union to which a judicial decision which has been made in another Member State for the purposes of its implementation is or is to be sent;
f. condemned: the natural person to whom a penalty has been imposed;
g. Deprivation of liberty: a sanction consisting of a custodial sentence or measure involving deprivation of liberty of certain or indefinite duration.
Judgments made in another Member State of the European Union and sent to the Netherlands for the purpose of implementing this procedure shall be recognised and enforced in accordance with the provisions of this Law.
Judicial rulings made in the Netherlands may be sent, in accordance with the provisions of this Act, to another Member State of the European Union for the purposes of their implementation.
This Chapter shall apply to judgments handed down to the sentenced person who has a custodial sentence of deprivation of liberty which is open to enforcement.
1 Our Minister is responsible for recognition of a court ruling received from the issuing Member State, with a view to its implementation in the Netherlands.
2 Our Minister is empowered to send a Dutch court order to the executing Member State, with a view to recognition and enforcement there.
A court ruling in the issuing Member State may be recognised and enforced in the Netherlands if:
a. the convicted person is in the issuing Member State or in the Netherlands; and
b. Our Minister has approved the transmission of the court ruling unless such consent is not required; and
c. the convict has agreed to the transmission of the court ruling unless such consent is not required.
The consent of our Minister with the transmission of the court ruling shall not be required if:
a. the convicted Dutchman is, and has his permanent place of residence or residence in the Netherlands;
b. the convicted Dutchman is, having no permanent place of residence or residence in the Netherlands, but after being released to the Netherlands, may be deported as a result of a decision to that effect in the issuing Member State.
The consent of the convict with the transmission of the court ruling shall not be required if:
a. the convicted Dutchman is, and has his permanent place of residence or residence in the Netherlands;
b. the sentenced person after release to the Netherlands may be deported as a result of a decision to that effect in the issuing Member State;
c. the sentenced person has fled or returned to the Netherlands in connection with the criminal proceedings against him in the issuing Member State or after the sentence of conviction in that State.
Our Minister may, at the request of the sentenced person, request or agree to the transmission of a court ruling in another Member State of the European Union with a view to its recognition and enforcement in the European Union. The Netherlands, where there is a demonstrable and sufficient binding of the convict with the Netherlands.
1 The court ruling shall be accompanied by a completed certificate to Our Minister by the competent authority of the issuing Member State. The certificate shall be drawn up in accordance with the model established by a general measure of management.
2 The transmission may take place by ordinary mail, telefax or electronic mail, provided that the authenticity of the documents transmitted can be determined by our Minister.
3 If the court order and the certificate have not been sent to Our Minister, 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. Our Minister shall confirm receipt of the documents forwarded to him to the competent authority of the issuing Member State.
1 Our Minister shall take the judgment and the certificate into consideration.
2 Our Minister may ask the competent authority in the issuing Member State to produce a certified copy of the court judgment or the original of the certificate.
3 If the certificate has not been lodged in the Dutch language or, if the Netherlands has disclosed it, in a declaration deposited with the General Secretariat of the Council of the European Union, in one of the languages mentioned in that declaration, Instructs our Minister to translate the certificate to the competent authority in the issuing Member State.
4 If the certificate is absent, incomplete or manifestly not in accordance with the judgment, our Minister shall ask the competent authority in the issuing Member State to submit the certificate, supplement it or to improve.
5 If our Minister considers the contents of the certificate insufficient to make a decision on the recognition of the court ruling, he shall, without delay upon receipt of the certificate, request the competent authority of the an translation of the judgment or its main elements in English or in any other official language of the European Union, as a Member State. For the purpose of this request, our Minister shall forward the request to the competent authority of the issuing Member State.
6 Our Minister shall inform the competent authority of the issuing Member State upon request, without delay after receipt of the certificate, of the rules applicable in the Netherlands relating to the conditional release.
7 If our Minister considers that the execution of the judgment in the Netherlands will not contribute to the social reintegration of the sentenced person, he shall inform the competent authority of the issuing Member State of that shall state without delay and stating the reasons for its decision.
If the convicted person finds himself in the Netherlands, our Minister shall inform him of the form sent by the issuing Member State, drawn up in accordance with the model established by the general measure of administration, of: the transmission of the certificate and of the judgment.
1 Our Minister shall decide within 90 days of the receipt of the certificate on the recognition of the court's ruling.
2 The decision of Our Minister can only be postponed:
a. Until a translation is available as intended in Article 2:8, third and fifth member ;
b. Until the request is satisfied within a reasonable period of time, Article 2:8, fourth paragraph ;
(c) if, due to exceptional circumstances, it is not possible to meet the deadline referred to in paragraph 1.
3 Our Minister shall immediately inform the competent authority of the issuing Member State of the exceptional circumstances referred to in point (c) of the second paragraph, and of the time required to take a decision.
1 Unless our Minister already considers that there are grounds for refusing recognition of the judgment, he shall send the Advocate-General to the Advocate-General at the request for a judicial decision and the certificate.
2 The Advocate General shall immediately refer the judgment and the certificate to the special Chamber of the Court of Justice of Arnhem-Leeuwarden, as intended Article 67 of the Law of the Judiciary . The Advocate General shall submit any observations to the relevant documents to the special Chamber of the Court of Justice within a period of 14 days after he has submitted the documents.
3 The special chamber of the court assesses:
a. Whether there are grounds for the recognition of the court ruling with application of Article 2:13, first paragraph , to refuse;
b. whether the custodial sentence to be enforced has been imposed for a fact that is also punishable by Dutch law and, if so, the offence of criminal offence to that effect;
(c) any adjustment to the custodial sentence imposed gives rise to the fourth, fifth or sixth sentences.
4 If the custodial sentence imposed has a longer duration than the penalty limit applicable to the offence in question under Netherlands law, the duration of the custodial sentence shall be reduced to that maximum penalty.
5 If the convicted person has been surrendered under warranty of return as intended Article 6, first paragraph, of the Overdelivery Act , the fourth paragraph does not apply, but it is considered whether the custodial sentence imposed corresponds to the penalty that would have been imposed in the Netherlands for the relevant fact. Where necessary, the penalty shall be adjusted accordingly, taking into account the views expressed in the issuing Member State concerning the gravity of the fact.
6 If the nature of the custodial sentence imposed is incompatible with Dutch law, the custodial sentence shall be changed to a penalty or measure provided for in Dutch law, which corresponds as far as possible to the penalty the deprivation of liberty imposed in the issuing Member State.
7 The adaptation by reason of the fourth, fifth or sixth paragraphs shall in no case imply an increase in the custodial penalty imposed.
8 The special Chamber of the Court of Justice shall give its opinion on the basis of paragraph 3, written and reasoned to our Minister, within six weeks of the date of receipt of the judgment and the certificate.
1 Our Minister shall decide on the recognition of the judicial ruling taking into account the judgment of the special Chamber of the Court of Justice.
2 Our Minister may, with the competent authority of the issuing Member State, agree to a partial recognition of the judgment in so far as that authority can indicate which part of the custodial sentence imposed by a The applicable ground for refusal shall not be affected. Our Minister may attach to partial recognition the condition that after the implementation in the Netherlands, no further enforcement of the judgment in the issuing Member State takes place.
3 Our Minister shall, without delay, inform the competent authority of the issuing Member State in writing and reasoned opinion of its decision on the basis of the first paragraph.
1 The recognition of the court ruling shall be refused if:
(a) the certificate has not been produced, is incomplete or appears to be in conformity with the judgment and not within a reasonable period of time as to the application, Article 2:8, fourth paragraph , is satisfied;
b. the conditions for approval specified in the Annex are not fulfilled Article 2: 3 ;
c. the convict, at the time of the committing of the fact, had not reached the age of 12 years;
d. the enforcement of the court judgment is incompatible with a parliamentary immunity applicable to Dutch law;
e. the enforcement of the court judgment is incompatible with the Article 68 of the Code of Criminal Law and Article 255, 1st paragraph, of the Code of Criminal Procedure underlying principle;
f. the fact for which the deprivation of liberty has been imposed, if it was committed in the Netherlands, would not be punishable under Dutch law;
g. on the fact that the custodial sentence has been imposed on Dutch law could be exercised and the right to execute the custodial sentence of the custodial sentence would be time-barred under Dutch law;
h. The certificate indicates that:
1. the sentenced person has not been informed, in accordance with the law of the issuing Member State in person or by a representative authorised to the national law, of his right to contest the case, and of the time limits where that legal instrument is to be used; or
2 °. the convict did not appear in person at the treatment at the hearing that led to the court ruling unless it is stated in the certificate that the convict, in accordance with the procedural rules of the Issuing Member State:
-has been summoned in a timely and timely way and has been informed of the date and place of the proceedings at the hearing which led to the court ruling or otherwise actually officially notified of the date and the place of treatment at the hearing so that it is unequivocally established that he was aware of the intended hearing and was informed of the fact that a decision may be taken if he did not receive at the hearing appears; or
-was aware of the intended treatment at the hearing and authorised to arrange for his defence and that the lawyer had his defence for the hearing, or lined; or
-after the judgment was served on him and he was expressly informed of his right to a settlement or appeal proceedings, in which he has the right to be present and during which the case is again on the merits of the court treated and new evidence is admitted, and which may lead to a review of the original ruling, expressly indicated that he does not contest the Award or not to oppose it within the prescribed time limit or higher has lodged an appeal; or
3 °. 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 for 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.
i. the penalty imposed is a measure involving deprivation of liberty in the sphere of health care which cannot be implemented according to Dutch law or within the frameworks of the Dutch system of health care.
2 The recognition of the judgment shall not be refused under paragraph 1 (a), (b), (e) and (i) than after the competent authority of the issuing Member State has been given the opportunity to provide information on this matter.
1 The recognition of the court ruling may be refused if:
(a) the fact of which the deprivation of liberty 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. At the time of receipt of the court ruling, less than six months of the custodial sentence imposed on that judgment are to be enforced.
2 The recognition of the judgment shall not be refused on the basis of paragraph 1 (a) other than after the competent authority of the issuing Member State has been given the opportunity to provide information on that matter.
1 After recognition of the judgment, our Minister shall ensure that it is implemented as soon as possible, in accordance with the rules of the Netherlands law and in compliance with the approval decision.
2 When the deprivation of liberty is implemented, the time specified in the certificate of detention by the competent authority of the issuing Member State in the certificate shall be deducted. Similarly, the time spent in detention in the Netherlands as a result of the application of the interim measures is envisaged. Articles 2:19 and 2:20 -To be deducted.
1 If the convicted person is in the issuing Member State, our Minister shall agree with the competent authority of that State the time when the sentenced person is to be transferred to the Netherlands. This time shall not be later than 30 days after the decision of our Minister for recognition of the court ruling.
2 Where unforeseen circumstances prevent the transfer within the period referred to in paragraph 1, the shipment shall take place within 10 days of the end of the period after the expiry of the period.
The convicted person shall not be prosecuted, punished, or otherwise restricted in any other way in the Netherlands in respect of facts committed before the time of his transfer and for which he has not been transferred, unless:
a. the convict did not leave the Netherlands within 45 days of his release, even though he had the opportunity to do so, or the convicted person has left the Netherlands, but has returned;
b. the facts have not been threatened with a custodial sentence;
c. the criminal prosecution does not lead to the application of any measure restricting liberty;
d. the enforcement of a sanction other than deprivation of liberty;
e. the convict has consented to the shipment;
f. the convict has expressly renounced the protection under this Article after his transfer; or
(g) has been obtained prior to the authorisation of the competent authority of the issuing Member State.
Our Minister shall, without delay, inform the competent authority of the issuing Member State in a form which permits the written record of the following information on the implementation of the court's ruling:
a. the time at which the conditional release of the convicted person enters and the time at which the probation period of the conditional release expires, if requested there in the certificate;
b. the completion of the execution of the deprivation of liberty;
c. a decision on pardon or amnesty as a result of which the custodial sentence is not or is not fully implemented;
d. the fact that it is impossible to implement the deprivation of liberty, because the convicted person cannot be found in the Netherlands;
e. the fact that the convict has withdrawn from the enforcement of the deprivation of liberty.
1 The convicted person in the Netherlands may be arrested if there are reasonable grounds for the expectation that a custodial sentence under this Chapter will be enforced in the Netherlands.
2 A request from the competent authority of the issuing Member State, which is intended to apply the first paragraph and which was made prior to the transmission of the judgment and the certificate, may be taken into consideration only; where it contains an indication of:
a. As accurate as possible, the person's identification of the convicted person;
b. the offence subject to the court ruling;
(c) the deprivation of liberty imposed;
d. the facts and circumstances under which the fact is committed.
3 If the competent authority of the issuing Member State has made a request for the application of the first paragraph, our Minister shall inform the public prosecutor of the implementation of that request.
4 Any officer of the judicial or judicial authority of the judiciary shall have the power to order the arrest.
5 After hearing the convict, the district attorney or deputy prosecutor may order that the claimed person be covered in insurance for three days from the time of detention.
6 Article 40 of the Code of Criminal Procedure shall apply mutatis mutandis.
1 The judge-commissioner in the district where the convicted person is in insurance may claim custody of the sentenced order on the order of the officer. Before giving such an order, the judge-commissioner should hear the convict as far as possible.
2 To the convict who is placed in custody in accordance with paragraph 1, if he has no counsel yet, a counsellor shall be added by the office of legal assistance to the chairperson of the court in the district of the district where it is located. The D.A. shall inform the President without delay in writing that the addition must be made.
1 The convict whose detention has been ordered shall be placed in freedom:
a. If not within fourteen days from the date of detention the court ruling and the certificate have been received by Our Minister.
b. as soon as it is ordered by the Judge-Commissioner or the Public Prosecutor.
2 The detention shall cease to be in force at the time when the execution of the judgment is started.
1 The Judge of the Court may, of its own motion, at the request of the Public Prosecutor or at the request of the sentenced order, order that custody be suspended, or suspended, on probation.
2 The suspension or suspension shall cease to be automatic once the Public Prosecutor has been informed of the decision of Our Minister, as referred to in Article 14 (2). Article 2:12 .
3 On orders of conditional suspension and suspension, given under paragraph 1, the Articles 80, first and third paragraphs to 5 , 81 to 85 and 88 of the Code of Criminal Procedure applicable mutatis mutandis.
1 The following: 2:19 to 2:22 Warrants issued, detention or suspension, suspension or termination of custody shall be recorded and signed. The grounds for promulgation shall be indicated in the order. A copy of the order to which the warrant relates shall be issued without delay.
2 The orders referred to in paragraph 1 shall be immediately enforceable. The power to implement these orders shall be the Article 141 of the Code of Criminal Procedure said officials. The implementation and the burden will be Articles 564 to 570 of the Code of Criminal Procedure applicable mutatis mutandis.
3 Convicts who are in insurance or custody under this Act are treated as defendants who are under the Code of Criminal Procedure are subject to a corresponding measure.
4 Of each decision, taken by virtue of one of the 2:19 to 2:22 , the district attorney will notify our Minister without delay.
A Dutch court ruling may be sent to the executing Member State for the purposes of its implementation if:
a. The convicted person is in the Netherlands or in the executing Member State; and
(b) the competent authority of the executing Member State has agreed to the transmission, unless such consent is not required; and
c. the convict has requested or has agreed to the transmission, unless such consent is not required; and
d. Our Minister has been satisfied with it, whether or not after consulting the competent authority of the executing Member State, that enforcement in the executing Member State can contribute to the societal reintegration of the convicted person in that State.
The transmission of the judgment may take place without the agreement of the competent authority of the executing Member State where:
a. the sentenced person is a national of the executing Member State and has his permanent place of residence or residence in the executing Member State;
b. the sentenced person is a national of the executing Member State, has no permanent place of residence or place of residence in that State, but may be deported to that State after release to that State as a result of an on-ground Aliens Act 2000 obligation on him to leave the Netherlands.
The transmission of the judgment may take place without the consent of the sentenced person if:
a. the sentenced person is a national of the executing Member State and has his permanent place of residence or residence in the executing Member State;
b. the convicted person after release to the executing Member State may be deported due to an on-board basis. Aliens Act 2000 requiring him to leave the Netherlands;
(c) the sentenced person has fled or returned to the executing Member State in the wake of the criminal proceedings against him in the Netherlands or following the conviction in the Netherlands.
1 Our Minister proposes that the convict should give his opinion on the intention to send a court ruling to the executing Member State. Unless the opinion of the convict gives rise to the intention to waive his intention, our Minister shall notify his intention in writing to the convict.
2 The first paragraph shall continue to apply if the convicted person is not in the Netherlands or has himself requested the transmission of the court ruling.
3 The sentenced person may, within 14 days of receipt of the notification against the intention of Our Minister, submit a statement of objection to the special Chamber of the Court of Justice, Arnhem-Leeuwarden, intended to Article 67 of the Law of the Judiciary .
4 As soon as possible after receipt of a written statement of objection, the special Chamber of the Court of Justice or our Minister, on the consideration of the interests concerned, is examining the possibility of making the proposed decision in reasonable order.
5 The convicted person is heard at the inquest, at least called. If it is not apparent that the convict already has a counsellor, the chairman shall charge the office of legal assistance to the addition of a counsellor.
6 The Articles 21 to 25 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
7 Of his decision, the special Chamber of the Court of Justice informs our Minister and the convict in writing. If the special Chamber of the Court of Justice considers that the statement of objection is well founded, our Minister shall refrain from sending the court ruling to the executing Member State.
8 No appeal against the decision of the special Chamber of the Court of Justice shall not be open, other than in cassation, in the interests of the law as referred to in Article 8 (1) of the Article 456 of the Code of Criminal Procedure .
1 Our Minister shall send the court order, accompanied by a completed certificate, directly to the competent authority of the executing Member State. The certificate shall be drawn up in accordance with the model established by a general measure of management.
2 The certificate shall be drawn up in the official language or one of the official languages of the executing Member State or, if that State has communicated it, in a declaration deposited with the General Secretariat of the Council of the European Union, in any of the languages mentioned in that declaration.
3 If it is not known which authority in the executing Member State is competent for recognition, our Minister shall ask for information on this matter.
4 The court ruling and the certificate shall not be sent to two or more Member States at the same time.
5 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.
6 At the request of the competent authority of the executing Member State, our Minister shall send them a certified copy of the judicial decision or the original of the certificate.
7 At the request of the competent authority of the executing Member State, our Minister shall arrange for a translation of the judgment or its main elements into one of the official languages of the European Union. For the purpose of this request, our Minister shall forward the request to the competent authority of the issuing Member State.
8 If the convicted person finds himself in the Netherlands, Our Minister shall inform him by means of the form, drawn up in accordance with the model established by general measure of administration, in a language which the convict understands understands the decision to send the certificate and the court judgment to the executing Member State. If the convicted person is located in the executing Member State, our Minister shall send the form to the competent authority of that State.
1 Our Minister may ask the competent authority of the executing Member State to hold the convict or to take other measures to prevent his flight.
2 If the request is made prior to the transmission of the court ruling and the certificate, intended Article 2:28 , the request contains an indication of the offence covered by the court ruling, the custodial sentence imposed and a brief description of the facts and circumstances under which the offence was committed. The request shall also contain as accurate a description as possible of the convicted person. Our Minister shall send the court ruling and the certificate as soon as possible after he has made the request, but in any case within seven days of detention of the sentenced or as much earlier as on indicate the where the competent authority of the executing Member State is required, to the competent authority of the executing Member State.
Our Minister may revoke the certificate, as long as the enforcement of the judgment in the executing Member State has not been started. Our Minister shall inform the competent authority of the executing Member State and the sentenced person without delay in writing and for reasons of his decision to withdraw the certificate.
1 If the convicted person finds himself in the Netherlands, our Minister shall agree with the competent authority of the executing Member State on the date on which the sentenced person is transferred to that State. This time shall not be later than 30 days after the decision of the competent authority of the executing Member State to recognise the court's ruling.
2 Where unforeseen circumstances prevent the transfer within the period referred to in paragraph 1, the shipment shall take place within 10 days of the end of the period after the expiry of the period.
3 In the case of the transfer, the security of the sentenced person shall be entrusted to the Dutch officials who are competent to take all appropriate measures to protect the sentenced person and to prevent his escape from taking place.
1 The right of enforcement in the Netherlands of the judgment sent to the executing Member State shall be suspended during the period when the judgment is implemented in that State.
2 To be implemented in the Netherlands, as soon as the competent authority of the executing Member State has been notified that the judgment has been fully or partially not implemented.
3 The right of enforcement in the Netherlands shall end, as soon as the competent authority of the executing Member State has been notified that the execution of the judgment has been completed.
Our Minister shall immediately inform the competent authority of the executing Member State of any decision or action which has the effect of no longer being able to implement the judgment.
1 Our Minister may, at the request of the competent authority of the executing Member State, allow for prosecution, punishment or any other means of restricting personal liberty from the convict in that State, in respect of facts which have been committed before the time of transfer of the convicted person and for which he has not been transferred.
2 Our Minister shall give the consent referred to in paragraph 1 with respect to facts for which surrender may have been granted under the Overdelivery Act.
3 The request may be taken into consideration only if it is the data referred to in the Article 2, second paragraph, of the Overdelivery Act , contains and is stated in the Dutch language or in one of the languages mentioned in the declaration, referred to in Article 2, third paragraph, of that Act. Our Minister shall decide within 30 days of receipt of the request.
1 Convicts who, for the purposes of implementing a judgment, are transferred from one Member State of the European Union to the other Member State of the European Union, may, with the permission of Our Minister, speak on Dutch territory shall be transported.
2 The consent of Our Minister may be given at the request of the competent authority of the issuing Member State. The request shall be accompanied by a copy of the completed certificate. Our Minister may ask the competent authority of the issuing Member State for a translation of the certificate into English or in any other official language of the European Union.
3 Our Minister shall decide within seven days of receipt of the application or after receipt of the translation referred to in the second paragraph.
4 Our Minister may refuse permission in cases where the convicted person is on an alert for criminal purposes or for surrender to a Member State other than the Member State of destination to the International Criminal Court. or to any other international tribunal or for the purposes of extradition to a third State.
1 In the case of transport in Dutch territory, the guard of the sentenced person shall be directed to the Dutch officials who are competent to take all appropriate measures to protect the sentenced person and to prevent his escape from escape.
2 If, due to particular circumstances, it is not possible to continue transport by the Netherlands without interruption, the convict may, pending a suitable opportunity to leave elsewhere, be included in the case where necessary. a house of detention, on presentation of a document from which our Minister ' s consent to transport is apparent.
3 The costs associated with transport and detention shall be charged to the issuing Member State.
1 The permission of Our Minister, referred to in Article 2:35, first paragraph , is not required for carriage by air in which no landing is made on Dutch territory.
2 In the event of an unforeseen landing on Dutch territory, the convict may, at the request of the foreign officials accompanying him, be held for the time being under an order from an on-the-spot competent prosecutor or office Deputy Prosecutor of the judiciary. Article 2:19, fifth paragraph , shall apply mutatis mutandis.
3 The transport of the provisionally held convict may continue, as soon as the Minister's consent is granted to us. If the authorisation has not yet been granted after the expiry of the term of insurance, or refused within that period, the sentenced person shall be placed in freedom, subject to the possibility of further deprivation of liberty on the part of others.
1 This chapter applies to court rulings:
a. Where the enforcement of the custodial sentence imposed on the sentenced has been conditionally suspended;
b. on the basis of which a custodial sentence has been executed and the conditional release of the sentenced person has been granted;
c. whereby or on the basis of which an obligation as referred to in Article 3: 2 has been imposed, which must be complied with by the convict, in the absence of which a custodial sentence can be imposed.
d. where the imposition of a penalty has been suspended for the sentenced person.
(2) For the purposes of this Chapter, a judgment shall be taken, in accordance with the judgment, in a decision taken in accordance with the provisions of that judgment, in accordance with Article 3: 2 to have been imposed on a convicted person, to the extent that the contrary is not the case with any provision.
1 Susceptible to recognition and enforcement in the Netherlands or transmission to another Member State of the European Union are judicial decisions, whereby or on the basis of which one or more of the following obligations have been imposed, sentenced during a probationary period must be respected or have been carried out within a specified period of time:
a. the commandment to inform a given authority of a change of residence or of the place where he works;
b. to report to a specific body at specified times;
c. to enter the prohibition of entering certain locations, places or demarcated areas;
d. the limitation of the right to leave the executing Member State;
e. the prohibition of making contact or making contact with certain persons or institutions;
f. to avoid the commandment of contact with certain cases that have been used by the convicted or may be used to commit a criminal offence;
g. to make good the damage caused by the offence or to provide proof that that obligation has been fulfilled;
the commandment to cooperate with the rehabilitation or by a social service entrusted with responsibility towards convicts;
the commandment to undergo a therapy or withdrawal course;
(j) the obligation to pay a duty of duty;
(k) obligations relating to behaviour, residence, training, leisure activities or obligations which impose restrictions or conditions on the exercise of the profession.
2 In the case of a general measure of management, any other obligations other than those referred to in paragraph 1 may be applied in the Netherlands.
1 The public prosecutor's office shall be responsible for the recognition of a court ruling received from the issuing Member State, with a view to its implementation in the Netherlands.
2 The public prosecutor's office shall be responsible for the transmission of a judgment in the Netherlands to the executing Member State, with a view to the recognition and enforcement of the judgment.
A court ruling in the issuing Member State may be recognised and enforced in the Netherlands if:
a. the convicted person is in the issuing Member State or in the Netherlands; and
b. the Public Prosecutor ' s Office has agreed to the transmission of the court ruling unless such consent is not required; and
(c) the court ruling does not cover any obligations other than those on the basis of Article 3: 2 In the Netherlands, it can be implemented.
The consent of the prosecutor's office with the transmission of the court ruling is not required if the sentenced person has his permanent place of residence or residence in the Netherlands and has returned or wishes to return to the Netherlands.
The Ministry of Public Prosecutor's Office may, at the request of the sentenced person, request or agree to the transmission of a judgment in another Member State of the European Union with a view to its recognition and enforcement of the judgment in the Netherlands, where there is a demonstrable and sufficient binding of the convict with the Netherlands.
1 The judgment shall be accompanied by a completed certificate by the competent authority of the issuing Member State to the public prosecutor's office. The certificate shall be drawn up in accordance with the model established by a general measure of management.
2 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 Public Prosecutor's Office.
3 If the judgment and the certificate have not been sent to the Prosecutor's Office, they shall be forwarded by the consignee to the public prosecutor without delay. The consignee shall immediately inform the competent authority of the issuing Member State in writing thereof. The Public Prosecutor's Office shall acknowledge receipt of the documents forwarded to it to the competent authority of the issuing Member State.
1 The Public Prosecutor ' s Office shall take the judicial decision and the certificate in consideration.
2 The public prosecutor's office may ask the competent authority in the issuing Member State to produce a certified copy of the court's judgment or the original of the certificate.
3 If the certificate has not been lodged in the Dutch language or, if the Netherlands has disclosed it, in a declaration deposited with the General Secretariat of the Council of the European Union, in one of the languages mentioned in that declaration, The public prosecutor shall request the competent authority in the issuing Member State to continue to translate the certificate.
4 If the certificate is absent, incomplete or manifestly not in accordance with the judgment, the public prosecutor shall request the competent authority in the issuing Member State to submit the certificate, Fill or improve.
5 The competent authority of the issuing Member State shall, at its request, inform the competent authority of the issuing Member State of the maximum duration of the deprivation of liberty which may be imposed on the basis of the Dutch law, if the It shall not comply with the obligations imposed on him.
1 The public prosecutor shall decide within 60 days of receipt of the certificate on the recognition of the court's ruling.
2 The decision of the Public Prosecutor ' s Office may be postponed only:
a. Until a translation is available as intended in Article 3:8, third paragraph ;
b. Until the request is satisfied within a reasonable period of time, Article 3:8, 4th paragraph ;
(c) if, due to exceptional circumstances, it is not possible to meet the deadline referred to in paragraph 1.
3 The competent authority of the issuing Member State shall immediately inform the competent authority of the issuing Member State of the exceptional circumstances referred to in point (c) of the second paragraph, and of the time required to take a decision.
1 The public prosecutor recognises the court ruling and, if necessary, gives Article 3:11 Unless there are grounds for refusal to grant recognition.
2 The competent authority of the issuing Member State shall, without delay, inform the competent authority of the issuing Member State of its decision on the basis of its first paragraph.
3 The public prosecutor shall also state the sentenced written and reasoned opinion in respect of his decision on the basis of the first paragraph. If the prosecutor acknowledges the court ruling, it shall notify the convict of his decision, after the period, intended to Article 3:14, 2nd paragraph , has passed or has become apparent as much earlier as the competent authority of the issuing Member State has failed to withdraw the certificate.
(1) Where the obligation, the probationary period, the period within which the obligation is to be executed or the custodial sentence of deprivation of liberty to be enforced if the obligation has not been complied with, a longer period of application, the maximum duration allowed under Dutch law, the Ministry of Public Prosecutor shall reduce the duration to that ceiling, provided that, in the case of: Article 3:1, first paragraph, point (b) , the period for which conditional release has been granted in the issuing Member State is not adjusted.
2 If the nature of the obligation imposed on the convict, or the deprivation of liberty, which can be enforced, if the obligation has not been complied with, is incompatible with Dutch law, the Public Prosecutor ' s Office shall apply such that it is possible to implement it in the Netherlands in a manner consistent with the obligation imposed in the issuing Member State or a custodial penalty.
3 The adjustment pursuant to this Article shall in no case imply an increase in the obligation imposed on the issuing Member State, the probationary period, the period within which the obligation to carry out the obligation is to be carried out or the custodial penalty.
1 The public prosecutor shall refuse recognition of the court ruling if:
(a) the certificate has not been produced, is incomplete or appears to be in conformity with the judgment and not within a reasonable period of time as to the application, Article 3:8., fourth paragraph , is satisfied;
b. the conditions for approval specified in the Annex are not fulfilled Article 3: 4 ;
c. the convict, at the time of the committing of the fact, had not reached the age of 12 years;
d. the enforcement of the court judgment is incompatible with a parliamentary immunity applicable to Dutch law;
e. the enforcement of the court judgment is incompatible with the Article 68 of the Code of Criminal Law and Article 255, 1st paragraph, of the Code of Criminal Procedure underlying principle;
f. the fact that the court ruling relates, if it had been committed in the Netherlands, to Dutch law would not be punishable;
g. on the fact that the court ruling relates to Dutch law could be exercised and the right of execution of the penalty imposed under Dutch law would be time-barred;
h. The certificate indicates that:
1. the sentenced person has not been informed, in accordance with the law of the issuing Member State in person or by a representative authorised to the national law, of his right to contest the case, and of the time limits where that legal instrument is to be used; or
2 °. the convict did not appear in person at the treatment at the hearing that led to the court ruling unless it is stated in the certificate that the convict, in accordance with the procedural rules of the Issuing Member State:
-has been summoned in a timely and timely way and has been informed of the date and place of the proceedings at the hearing which led to the court ruling or otherwise actually officially notified of the date and the place of treatment at the hearing so that it is unequivocally established that he was aware of the intended hearing and was informed of the fact that a decision may be taken if he did not receive at the hearing appears; or
-was aware of the intended treatment at the hearing and authorised to arrange for his defence and that the lawyer had his defence for the hearing, or lined; or
-after the judgment was served on him and he was expressly informed of his right to a settlement or appeal proceedings, in which he has the right to be present and during which the case is again on the merits of the court treated and new evidence is admitted, and which may lead to a review of the original ruling, expressly indicated that he does not contest the Award or not to oppose it within the prescribed time limit or higher has lodged an appeal; or
3 °. 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 for 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.
i. the obligation imposed on the sentenced person is a medical or therapeutic treatment that cannot be implemented according to Dutch law or within the frameworks of the Dutch system of health care.
2 The prosecution does not refuse to recognize the court ruling under paragraph 1, parts a, b, e, and i, than after the competent authority of the issuing Member State has been given the opportunity to provide information on this matter. to be provided.
1 The public prosecutor's office may refuse to recognize the court ruling if:
(a) the fact of which the 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;
while under Dutch law no prosecution could be brought in if the fact of the matter would have been committed outside the Netherlands;
b. the imposed duty penalty has a shorter duration than eighty hours, or the obligation imposed or the probation period has a shorter duration than six months.
2 The prosecution does not refuse recognition of the court ruling under paragraph 1 (a), than after the competent authority of the issuing Member State has been given the opportunity to provide information on this subject. provide.
1 After the court has been recognised, the prosecutor shall ensure that it is implemented as soon as possible, in accordance with the rules of the Netherlands law and in compliance with the approval decision.
2 The implementation of the judgment shall not commence after a period of 10 days after the notification to the competent authority in the issuing Member State, as referred to in Article 2 (1) of the Article 3:10, 2nd paragraph , unless this authority has specified that the certificate is not to be withdrawn before the expiry of that period.
3 In so far as the order to do so does not already result from the court ruling, the Public Prosecutor ' s Office may instruct a probation body designated by general measure of the administration to supervise compliance with the the obligations imposed and to accompany it for the benefit of the sentenced person.
4 The probationary period shall begin on the day of the notification, as specified in Article 3:10, third paragraph . The probation period shall be reduced by the time that it has run in the issuing Member State.
5 By way of derogation from Article 14f of the Code of Criminal Law is the court in the district where monitoring is carried out in respect of the obligations imposed on the sentenced person to take the decisions referred to in that Article. By way of derogation from Article 14g, third paragraph, first sentence, of the Code of Criminal Law is competent to deal with the claim in court in the district where the obligations imposed on the sentenced have been complied with.
6 By way of derogation from Article 15i, third paragraph, first sentence, of the Code of Criminal Law is competent to take the action of the court in the district where it is supervised compliance with the obligations imposed on the sentenced.
7 If the recognition is intended to implement a duty penalty, the period shall begin, as referred to in Article 1 (2). Article 22c, third paragraph, of the Penal Code , to be published on the day of the notification, Article 3:10, third paragraph .
8 By way of derogation from the Articles 22f, third paragraph , and 22g, third member, of the Penal Code the statement of objection shall be submitted to the court in the district where the execution of the task penalty is carried out.
1 The implementation of the court ruling does not extend beyond the holding of monitoring compliance with the obligations imposed on the convicted, if:
a. Recognition of a judgment as referred to in Article 3:1, first paragraph, point (c) , with regard to and in the judgment, there is no detention order that can be enforced if an obligation has not been complied with;
b. Recognition a court order as referred to in Article 3:1, 1st paragraph, point (d) It is concerned.
2 If the prosecutor ' s judgment is that any obligation imposed on the convicted person has not been complied with, or the convicted person is suspect of committing a new offence, the prosecutor shall inform the competent authority of the without delay, by means of the form drawn up in accordance with the model established by a general measure of management, of the Member State issuing the flag.
3 The public prosecutor may amend the obligations imposed on the sentenced or extend the probationary period for a maximum period of one year, if the competent authority of the issuing Member State indicates that the notification, as specified in the second Member, giving rise to that.
4 The Public Prosecutor ' s Office shall end the monitoring of compliance with obligations imposed on the convicted as soon as it has been notified by the competent authority of the issuing Member State of any decision on the implementation of the sentenced of a custodial sentence of deprivation because the convict has failed to comply with an obligation.
5 The public prosecutor shall, as soon as possible, inform the convicted and probation institutions of any decision on the basis of the third and fourth members.
1 The Public Prosecutor's Office may delegate the responsibility for the execution of the judgment to the issuing Member State if:
(a) the convict withdraws or no longer has his permanent place of residence or residence in the Netherlands for the purpose of monitoring compliance with the obligations imposed on him;
(b) in the issuing Member State, a new criminal proceedings against the convicted person have been instituted and the competent authority of that State requested to have the transfer.
2 The right of enforcement in the Netherlands shall end if:
(a) the court judgment has been recognised, but the certificate has been withdrawn by the competent authority of the issuing Member State;
b. The responsibility for enforcement by the public prosecutor has been transferred to the issuing Member State in the case of application of the first member.
The public prosecutor's office shall without delay inform the competent authority of the issuing Member State in a form which permits the written record of the following information on the implementation of the court's ruling:
a. the fact that the convicted person has complied with the obligations imposed on him;
(b) a decision to amend the obligations imposed on the sentenced;
c. a decision on the enforcement of a custodial sentence, because the convict has failed to comply with an obligation;
d. a decision on pardon or amnesty as a result of which the judgment is not or not wholly implemented;
e. the fact that it is impossible to supervise the obligations imposed on the condemned, because the convicted person cannot be found in the Netherlands.
A judgment in the Netherlands may be sent to the executing Member State for the purposes of its implementation if the competent authority of that State has consented with the transmission, unless such consent is not required.
The transmission of judicial proceedings may take place without the agreement of the competent authority of the executing Member State, where the convicted person has his permanent place of residence or stay in the executing Member State and is in that State returns or wishes to return.
1 The public prosecutor shall send the court order, accompanied by a completed certificate, directly to the competent authority of the executing Member State. The certificate shall be drawn up in accordance with the model established by a general measure of management.
2 The certificate shall be drawn up in the official language or one of the official languages of the executing Member State or, if that State has communicated it, in a declaration deposited with the General Secretariat of the Council of the European Union, in any of the languages mentioned in that declaration.
3 If it is not known which authority in the executing Member State is competent for recognition of the court ruling, the Public Prosecutor's Office shall request information on that matter.
4 The court ruling shall not be sent to two or more Member States at the same time.
5 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.
6 At the request of the competent authority of the executing Member State, the public prosecutor shall send them a certified copy of the court judgment or the original of the certificate.
7 On the occasion of the transmission of the certificate, the public prosecutor may request the competent authority of the executing Member State to be informed of the duration of the deprivation of liberty imposed on the basis of the law of the Member State concerned. executive Member State may be implemented if the convicted person fails to comply with the obligations imposed on him.
1 As long as the enforcement of the judgment in the executing Member State has not been started, the Public Prosecutor's Office may revoke the certificate following:
a. the information referred to in Article 3:20, seventh paragraph ;
(b) the notification of the decision of the competent authority of the executing Member State to adjust the obligations imposed on the sentenced, the probationary period, the period within which the obligation to carry out the obligation has to be performed or the deprivation of deprivation of liberty to be imposed if the obligation has not been complied with.
2 The public prosecutor shall decide on the withdrawal of the certificate within 10 days of receipt of the information referred to in the first paragraph. The Ministry of Public Prosecutor's office shall immediately inform the competent authority of the executing Member State and the sentenced person of the decision to withdraw the certificate, stating the reasons on which it is based.
1 The right of enforcement in the Netherlands of the judgment sent to the executing Member State shall be suspended during the period when the judgment is implemented in that State.
2 To be implemented in the Netherlands, if the public prosecutor has agreed with the competent authority of the executing Member State, that implementation should continue in the Netherlands, because:
(a) the convict has, in the executing Member State, removed or no longer has his permanent place of residence or place of residence in that State, in the enforcement of the obligations imposed on him;
b. a new criminal prosecution against the convict has been instituted in the Netherlands.
3 The right of enforcement in the Netherlands ends as soon as the competent authority of the executing Member State has been notified that the execution of the judgment has been completed.
The Public Prosecutor ' s Office shall without delay inform the competent authority of the executing Member State in a form which permits the written record of all facts and circumstances which might result in the executing a decision is taken to amend the obligations imposed on the sentenced person or a decision on the enforcement of a custodial sentence, because the sentenced person has not complied with an obligation.
Notices, notices and invocations made under this Act are the Articles 585 to 590 of the Code of Criminal Procedure applicable mutatis mutandis.
1 This Act takes place in the relationship with the Member States of the European Union. Law transfer enforcement of criminal judgments .
2 The first paragraph shall not apply in relation to any other Member State of the European Union to the extent and for as long as that Member State has not taken the necessary measures to comply with the Council Framework Decision 2008 /909/JHA of the European Union of 27 November 2008 on the application of the principle of mutual recognition to criminal judgments imposing custodial sentences or measures involving deprivation of liberty, with a view to their implementation in the European Union (PbEU L 327) or the Council Framework Decision 2008 /947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions for the purposes of the supervision of probation measures and alternative penalties (PbEU L 337).
3 This Act does not apply to court rulings as referred to in Article 2: 1 have become irrevocable before 5 December 2011.
4 This law applies if the guarantee of return, intended in Article 6, first paragraph, of the Overdelivery Act , prior to the entry into force of this Act, but the return is to be delivered after the entry into force of this law.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Mutual recognition and enforcement of custodial sentences and conditional sanctions.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
' s-Gravenhage, 12 July 2012
Beatrix
The Minister for Security and Justice,
I. W. Opstelten
Published the 19th July 2012The Minister for Security and Justice,
I. W. Opstelten
