Key Benefits:
Rijkswet of 20 June 2002 implementing the Statute of the International Criminal Court with regard to cooperation with and assistance to the International Criminal Court and the implementation of its judgments (International Criminal Court Implementing Law)
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 particular, we have taken into consideration the need to make provision for the implementation of the Statute of the International Criminal Court with regard to cooperation with and assistance to the International Criminal Court and implementation of the International Criminal Court. of its judgments;
It is true that we, the Council of State of the Kingdom, and with the common accord of the States-General, have taken into account the provisions of the Statute for the Kingdom, have been deemed to have been approved and understood to be the same as This:
1 For the purposes of this Law of the Law, the following definitions shall apply:
a. Statute: the Rome Statute of the International Criminal Court, adopted in Rome on 17 July 1998 (Trb. 2000, 120);
b. Criminal Court: the International Criminal Court established by the Staff Regulations, and each of its bodies, respectively, for the tasks assigned to it;
Consultation: consultations provided for in Article 97 of the Staff Regulations, between a State party to the Statute and the Criminal Court;
d. cooperation: the cooperation provided for in Part 9 of the Statute, between the Criminal Court and the States Parties to the Statute;
e. surrender: the provision of a person by the Netherlands, Aruba, Curaçao or Sint Maarten to the Criminal Court for a criminal investigation directed against him by the Criminal Court or the implementation of a criminal investigation of a person Criminal court imposed in prison;
f. implementation: the implementation of rulings of the Court, as referred to in Part 10 of the Statute, including the application of provisional measures for the purpose of such implementation;
(g) assistance: assistance granted by the Netherlands to the Court in its capacity of Gastland;
h. transit: the escorted transport through the territory of the Netherlands from a foreign state and the place of the Court, or from the Criminal Court, and a foreign State as a destination;
i. Our Minister: Our Minister of Justice;
j. Code of Criminal Procedure : Code of Criminal Procedure of the European part of the Kingdom.
2 In this Act, the following definitions shall apply:
a. Dutch territory or Dutch territory: the territory of the public bodies Bonaire, Sint Eustatius and Saba;
b. in the Netherlands: in the public bodies of Bonaire, Sint Eustatius and Saba;
c. Dutch officials: officials of the public bodies Bonaire, Sint Eustatius and Saba;
d. Dutch law: the applicable law in the public bodies Bonaire, Sint Eustatius and Saba.
3 Under public prosecutor, judicial officer of justice and investigation officer, only for the purposes of the application Articles 13 to 19a , also means the prosecutor of the prosecutor of the prosecutor at the court of first instance of Bonaire, Sint Eustatius and Saba, the auxiliary prosecutor of justice, referred to in Article 191 of the Code of Criminal Procedure BES, and the Investigating officer referred to in Article 184 of that Code.
1 Without prejudice to the other members of this Article, this Law of Law shall apply to the Netherlands, Aruba, Curaçao and Sint Maarten.
2 If the application of the Criminal Court means a request for an act to be carried out by the authorities of Aruba, Curaçao or Sint Maarten, the request shall be made by way of derogation from Article 3, first paragraph , in consideration by the Minister of Justice of Aruba, Curaçao, the Netherlands Church of Sint Maarten. It shall forward the request, in accordance with Article 3, second and fourth paragraphs, to the Prosecutor General of Aruba and to the Attorney General for Curaçao, for Sint Maarten and for the public entities Bonaire, Sint Eustatius and Saba.
3 In the cases referred to in the second paragraph, by way of derogation from the provisions of the Chapter 2 , 3 and 4 of this law, and subject to conflict with the Staff Regulations, the extradition decision of Aruba, Curaçao and Sint Maarten as well as the Code of Criminal Procedure of Aruba, Curaçao, mutatis mutandis, shall apply mutatis mutandis.
4 No legal remedy shall be opened against a decision of the competent court of Aruba, Curaçao or Sint Maarten on or in response to a request from the Criminal Court for surrender or enforcement.
1 A request from the Criminal Court, in accordance with the Staff Regulations, for cooperation, enforcement or prosecution of a crime, against the judicial review of the Criminal Court, shall be taken into consideration by Our Minister. If the request is not addressed to our Minister, it shall be forwarded to him without delay by the addressee.
2 Unless our Minister can make the request himself or considers that additional information from the Criminal Court is required first, and subject to paragraphs 3 and 4, he shall forward the request without delay to the Public Prosecutor at the time of the request. Arrondissementsparket te ' s-Gravenhage.
3 If the application relates to the execution of a prison sentence imposed by the Court, our Minister shall act in accordance with the Articles 67 and 68 .
4 If the application relates to the execution of a recovery order as referred to in Article 75 of the Staff Regulations, our Minister shall take the measures necessary for the proper implementation of the Staff Regulations in accordance with Article 5 (1) of the Statute. command. If the order entails an obligation for the sentenced person to pay a sum of money for the benefit of one or more of the recipients, our Minister shall forward the request without delay to the Public Prosecutor of the Arrondissementbouquet. ' s-Gravenhage, which acts in accordance with the Articles 72 and 83 .
5 A request for assistance shall be taken into consideration by Our Minister or the authorities designated by them for that purpose.
6 Our Minister regularly talks to the Criminal Court about the progress of the handling of the requests.
The Court of Appeal shall have exclusive jurisdiction to deal with requests from the Court of Justice for cooperation or enforcement, and of any appeal, objection or opposition in connection therewith.
1 At the request of any Dutch authority responsible for dealing with a criminal case, our Minister may, in accordance with Article 93 (1) of the Statute, address a request for legal assistance and cooperation with the Criminal Court to the Court.
2 Documents relating to the criminal proceedings of the Court of Justice for the purpose of investigating and prosecuting the judicial authorities of the Court of Justice and of a request submitted by the Court of Justice shall have the evidential force which is due to the corresponding documents, transactions carried out by Dutch officials, with the exception that their evidential value does not exceed that which they have before the Court.
Police records may also be sent to the Court without any request for such a request if this is necessary for the proper execution of its task. The provision shall be made through the intervention of one or more national police units.
1 If our Minister considers that, in order to allow a request by the Criminal Court for cooperation or enforcement, obstacles or obstacles exist, it shall, without delay, consult the Criminal Court in order to remove these obstacles or obstacles. to take away.
2 Obstacles or obstacles as referred to in paragraph 1 may in any case consist of:
a. Insufficient information for the acceptance of the request;
b. the fact that a person to be held at the request of the Criminal Court is not found in the Netherlands despite extreme efforts;
(c) the fact that a person who has been arrested on the basis of an arrest warrant at the request of the Criminal Court is not the person mentioned in the warrant;
(d) the fact that acceptance of the request would entail a breach of the application in its present form with an obligation under Treaty law against another State, prior to the application;
(e) the fact that acceptance of the request in its present form would lead to infringement of the principle of ne bis in idem as provided for in Article 20 of the Staff Regulations;
f. the fact that, by reason of the same conduct, a person claimed is a persecution or is being prepared in the Netherlands;
g. the fact that the immediate acceptance of the application of the Criminal Court would impede an investigation or prosecution in a matter other than the one on which the request relates;
h. the fact that the acceptance of the request would harm the national security interests of the Netherlands as referred to in Article 72 of the Staff Regulations;
(i) the case of: Article 25, first paragraph .
3 If the Public Prosecutor, in charge of execution of a request from the Criminal Court, points to impediments or obstacles as referred to in this Article, he shall immediately inform our Minister thereof.
4 Our Minister calls for the Criminal Court to respond within a reasonable period of time within a consultation process. At the request of the Court, this period may be extended.
5 For the duration of the period referred to in paragraph 4, the examination of a request for the surrender of a person or for the execution of a judgment of the Court shall be suspended. The examination of a request for any other form of cooperation may be suspended by our Minister, by the Public Prosecutor, after consultation with our Minister.
6 If our Minister or the authorities designated by those authorities consider that a request for assistance from the Host State cannot be accepted, he shall without delay, and in compliance with the Headquarters Agreement, set out in Article 3, second paragraph, of the Staff Regulations, and the arrangements and agreements based thereon, and consult the International Criminal Court in order to resolve the matter.
1 If and as long as the ICC is investigating the admissibility of a case or the jurisdiction of the Court pursuant to Article 18 or 19 of the Statute, consideration of any request relating to that matter shall be the surrender of a person is suspended.
2 In the case referred to in paragraph 1, the examination of a request for any other form of cooperation by Our Minister, by the D.A. after consultation with Our Minister, may be suspended unless it is not the case. The Court of Justice has ruled that the complainant may proceed with the collection of the evidence pursuant to that Article 18 or 19.
Notices, notices and invocations made under this Act are the Articles 585 to 590 of the Code of Criminal Procedure applicable mutatis mutandis.
In so far as it is not provided for in this Act, it shall also apply to a request from the Criminal Court for cooperation or enforcement of a criminal offence, with a view to the judicial review of the Court as referred to in Article 70, first paragraph, of the Staff Regulations.
1 At the request of the Court of Justice and subject to the provisions of this chapter persons shall be surrendered to the Court of Justice:
(a) for the prosecution and trial of criminal offences, to which the Court has jurisdiction under the Staff Regulations;
b. In order to implement a prison sentence imposed by the Court.
2 The Extradition Act does not apply.
1 Transfer is not allowed than under the general condition that the claimed person will be prosecuted, punished or in any other way restricted in his personal discretion only with the express permission of Our Minister. facts which have been committed before the time of his surrender and for which he is not surrendered.
2 Transfer is not permitted under the general condition that the requested person will be made available by the Criminal Court only with the express consent of Our Minister to the authorities of a third State on the subject. facts that were committed before the time of his surrender. The consent may be given in respect of offences for which the claimed person could also have been extradited by the Netherlands to the third State.
1 At the request of the Criminal Court, a person may be provisionally detained.
2 Any officer of the judicial or enforcement officer shall be empowered to order the provisional arrest.
3 If the action of the district attorney or auxiliary officer is not awaited, then any investigation officer shall have the power to hold the person.
4 The person detained shall be predirected to the District Prosecutor of the Hague District Court as soon as possible.
5 If the claimed person finds himself in the public bodies Bonaire, Sint Eustatius and Saba, the fourth member shall remain out of application. The arrested person who is in the public bodies of Bonaire, Sint Eustatius and Saba is to be led as soon as possible before the Prosecutor of the Prosecutor of the Public Prosecutor's Office of the Public Bodies Bonaire, Sint Eustatius and Saba.
After hearing the person who has been claimed, having regard to the second paragraph of Article 55 and the second paragraph of Article 59 of the Staff Regulations, the D.A. may order that the person claimed to be an unclaimed person for a period of three days from the date of the Provisional detention, will remain in insurance.
2 If the claimed person is in the public bodies of Bonaire, Sint Eustatius and Saba, the order shall be given by the Prosecutor of the Prosecutor of the Ministry of Bonaire, Sint Eustatius and Saba, as referred to in paragraph 1. (i) consult with the prosecutor of the ' s-Gravenhage district court. For the purposes of applying the third paragraph, the period of insurance policy may be extended once a three-day period.
3 If an claimed person in the public sector is covered in insurance in Bonaire, Sint Eustatius and Saba, he shall be transferred to the D.A. within the time limits of the first paragraph and second paragraph. the arrondissementsparket te ' s-Gravenhage.
4 The third member can remain out of application if the claimed person against the district attorney who hears him has stated that he is in agreement with his immediate surrender, the district attorney has decided that the person is The Court of Justice and the actual surrender may take place within the time limits of the first paragraph and of the second paragraph.
1 The Judge Commissioner, in charge of the handling of criminal matters, may order the custody of the person claimed to be filed against the officer of the District Attorney.
2 Before a warrant is issued pursuant to paragraph 1, the Judge-Commissioner shall, if possible, hear the person who has been claimed.
1 Ex-officio, the prosecutor ' s claim or the request of the person who was claimed or his counsellor may order that the order of liberty under the provisions of this paragraph be ordered by the court of justice for urgent and urgent action. Exceptional circumstances shall be terminated or conditional suspended or suspended. The conditions to be laid down shall, in any event, be intended to prevent flights.
2 The Judge-Commissioner shall not transfer to the order referred to in paragraph 1 after the Court has been consulted by the Minister for that purpose within a time limit set by Our Minister, recommendations pursuant to Rule 59; Fifth paragraph, of the Statute.
3 The suspension or suspension shall cease to be automatically as soon as the D.A. is in accordance with Article 32 has been notified of the decision of Our Minister authorising the surrender.
4 On orders of conditional suspension and suspension, given under paragraph 1, the Articles 80, first and third paragraphs to 5 , and 81 to 88 , with the exception of Article 86, fifth paragraph, of the Code of Criminal Procedure applicable mutatis mutandis.
5 The Judge of the Court may, of its own motion, lift the order for custody upon the prosecution's claim or at the request of the person or his counsellor, if, within sixty days from the date of the provisional arrest of the No request for surrender, with the supporting documents, has been received.
Of any decision, taken by virtue of one of the Articles 13 to 16 , the district attorney will notify our Minister without delay.
1 The district attorney who received the request for surrender from our minister is competent to command the arrest, which order can be enforced throughout the country.
2 The person shall be led in front of the officer after his arrest within twenty-four hours. After hearing the person who has been claimed, having regard to the second paragraph of Article 55 and Article 59, second paragraph of the Staff Regulations, the officer may order that the person who is claimed to be insured will remain in insurance until the date on which the person who is responsible for the application of the Staff Regulations is Judge of his detention.
Where, on the day of receipt of the surrender request by the D.A., the person who has been claimed has already been Article 14 is insured, the deprivation of liberty may, by way of derogation from Article 15, first paragraph , on the orders of the district attorney, continue until the court decides on the detention order.
1 After hearing the person who has been claimed, having regard to the second paragraph of Article 55 and Article 59, second paragraph of the Staff Regulations, the prosecutor may order at the court of first instance of the public authorities that the person who has been claimed for the period of his duties is to shall remain in insurance for three days from the date of provisional arrest. He shall refer the matter to the Public Prosecutor of the 's-Gravenhage' arrondissementsppeket.
2 If the claimed person on the day on which the officer receives the extradition request already under Article 14 In the public sector Bonaire, Sint Eustatius and Saba, the order for deprivation of liberty-by way of derogation from Article 14-may be made only by order of the D.A. at the Arrondissementsparket in The Hague. continued until the court decides on the detention order.
3 If the claimed person is covered in insurance in the public entities Bonaire, Sint Eustatius and Saba, he shall be transferred to the District Attorney at the ' s-Gravenhage District Court within the time limits of the first paragraph.
4 The third member can remain out of application if the claimed person against the district attorney who hears him has stated that he is in agreement with his immediate surrender, the district attorney has decided that the person is decision will be made of the Criminal Court and actual surrender may take place within the period of Article 14 .
5 After hearing the claimed person, the officer may order to the Arrondissementsparket te ' s-Gravenhage in consultation with the district attorney at the court in first instance of the public bodies Bonaire, Sint Eustatius and Saba. that the detention order continues until the court decides on his detention.
1 Ex-officio, the prosecutor ' s claim or the request of the person who was claimed or his counsellor may order that the order of liberty under the provisions of this paragraph be ordered by the court of justice for urgent and urgent action. Exceptional circumstances shall be terminated or conditional suspended or suspended. The conditions to be laid down shall, in any event, be intended to prevent flights.
2 Article 16, second to fifth paragraphs , shall apply mutatis mutandis.
1 After he has received the request for surrender, the D.A. shall, as soon as possible, request that the court order the application. He will take the documents to the court.
2 A copy of the claim required under the first paragraph shall be served on the person who has been claimed. It shall be notified of the facts in respect of which his surrender has been requested, indicating the times and places to which they have been committed, as described in the request for surrender, and the fact that it is a matter of fact that the transfer of goods is not Request for surrender to the Court. The first and second sentences shall also apply in cases where the D.A. has supplemented or amended his claim in response to a request received at the time of the appeal. On receipt of supplementary documents, which are to be attached to the file, the person claimed shall be communicated.
3 After the documents have been submitted to the court, the knowledge thereof shall not be withheld to the person who has been claimed and his counsellor. The provisions of, and pursuant to Article 32 of the Code of Criminal Procedure shall apply mutatis mutandis.
1 In a moment after the reception of the Article 21 The President of the Court shall, as far as possible, determine as far as possible the time when the requested person will be heard by the court. He may order his co-application.
2 The Registrar of the Court of Justice shall without delay inform the Public Prosecutor and the person who has been claimed for the hearing of the time at which the court is being examined. That notice and, in so doing, a copy of the notice, shall be served on a copy of that order to the person who has been claimed.
3 If it does not appear that the person who has been claimed has already a counsellor, the chairman shall charge the office of legal assistance to the addition of a counsellor.
1 The hearing of the person being claimed shall be carried out in public, unless it requires that the case be dealt with by closed doors, or the court of Justice or of its own motion, on the proceedings of the officer of the State of the Court of Justice or of its own motion, shall, in the minutes of the proceedings, be considered to be The reasons for the closure of the doors shall be indicated.
2 The hearing shall take place in the presence of the Prosecutor.
3 In his hearing, the claimed person may be assisted by his counsellor.
4 The person who has been claimed shall not appear and, if necessary, shall order his summons to be brought to the court by the court to determine his summons, if necessary to add an order to bring them to the hearing.
1 The court examines the identity of the person claimed, as well as the admissibility of the request for surrender and the possibility of acceptance of it.
2 The D.A. shall, at the hearing of the Court, give his opinion on the admissibility of the requested surrender and shall present a written summary to the court of justice. The requested person and his counsellor shall also be given the opportunity to submit observations on the request for surrender and the decisions to be taken in connection therewith.
3 If the court considers that it is necessary for the examination to be made by it under the first paragraph, it shall, if necessary by adding an order to co-apply, order the summons to be given by the court to be determined by it. written summons of witnesses or experts.
1 The court shall suspend the investigation for consultation of the Criminal Court, if, in the preliminary judgment of the court, the person who is accompanied is not the one whose surrender was requested.
2 On the decision and on the grounds of the court, the D.A. Our Minister shall inform our Minister.
1 On the claim of the district attorney, the court may order the imprisonment of the person claimed.
2 Before the examination is closed, the court shall, of its own motion, decide on the detention of the person claimed, if it is held in custody or in insurance.
3 Ex-officio, on the claim of the district attorney or at the request of the requested person or of his counsel, the court may order that the deprivation of liberty under the provisions of this paragraph, for urgent and exceptional reasons ending or conditionally suspended or suspended. The conditions to be laid down shall, in any event, be intended to prevent flights.
4 Article 16, second to fifth paragraphs , shall apply mutatis mutandis.
1 As soon as possible after the conclusion of the examination, the court shall decide on the request for surrender. The statement shall state the reasons for its decision.
2 If the court finds that it is the case, Article 25, first paragraph It shall, in its judgment, declare that the surrender is inadmissible.
3 In all other cases, the court shall declare in its judgment the surrender may be admissible.
4 No legal remedy shall be open to the judgment. The ruling will be enforceable in a moment.
1 If the claimed person is not present at the pre-reading of the court order, the ruling shall be served on him.
2 The court shall immediately send to our Minister a certified copy of its ruling. If the surrender has been declared admissible, it shall be accompanied by its opinion on the action to be taken on the request for surrender. A copy of the opinion shall be communicated or forwarded by the Registrar to the person who has been claimed and his adviser.
3 The Registrar shall return the request for surrender to the Minister with the supporting documents in that order.
1 Regarding the assistance of a counsellor, handling of the matter by the court, deliberation and pronunciation are the Articles 37 to 39 , 45 to 49 , 50, 1st Member , 226 , 260, 1st Member , 268 , 269, fifth member , 271 , 272 , 273, third member , 274 to 277 , 279 , 281 , 286 , 289, first and third members , 290 to 301 , 318 to 322 , 324 to 327 , 328 to 331 , 345, first and third members , 346 , 357 , 362 , 363 and 365, first to fifth member of the Code of Criminal Procedure applicable mutatis mutandis.
2 The articles referred to in paragraph 1 shall not be applied in so far as they relate to a witness whose identity is not or only partially proved.
1 After Our Minister makes the documents Article 28, third paragraph , he has received back, he shall decide as soon as possible on the request for surrender.
If the surrender is declared admissible and our Minister considers that further information from the Criminal Court is necessary for a responsible decision, he may hold the decision and consult the Criminal Court. If the consultation of the Criminal Court gives rise to this, he may return the file of the case to the district attorney who dealt with the request for surrender, after which the Articles 21 to 29 reapplication.
3 If the person claimed is subject to criminal proceedings in the Netherlands on account of the same fact, our Minister, when deciding to grant the request, also ordered that the prosecution be held.
4 Where and to the extent that the surrender has been declared inadmissible, the request shall be dismissive.
If the Criminal Court and one or more States have applied for the extradition of the same person, our Minister shall, in accordance with Article 90 of the Staff Regulations, decide.
Our Minister, of his decision on the request for surrender, shall notify the Prosecutor of the Court without delay.
1 Within ten days of the decision of our Minister to grant all or part of the request for surrender, the person claimed shall be at the disposal of a time and place laid down by our Minister in consultation with the Court. the Criminal Court.
2 One according to Article 26 A detention order may be continued until actual surrender.
3 After a decision by Our Minister, the D.A. shall order the termination of the detention order as soon as he has been informed of that decision.
If this applies to the application of: Article 33, first paragraph , or 35, second paragraph , is necessary, the person claimed shall be detained on the orders of the prosecutor appointed by Our Minister for a maximum period of three days. If the surrender has not been able to take place within the three-day period, the order for detention by the D.A. may be renewed once for a period of not more than three days.
2 After an extension of the period referred to in paragraph 1 by the D.A., it may be extended by four days only upon proceedings of the Prosecutor's Office. Such extension may take place only if the surrender has not been effected by special circumstances within the time limit of six days.
1 By way of derogation from the Articles 33, first paragraph , and 34 the decision on time and place of surrender may be held if and as long as a criminal prosecution in the Netherlands is subject to a criminal prosecution or a criminal judgment rendered against him by a Dutch judge. in whole or in part for implementation.
2 In cases provided for in paragraph 1, the Minister may, if he does so, state that the person who has been claimed is already at the disposal of the Criminal Court for the purpose of his trial by the Court.
(3) The person claimed, in respect of which the second paragraph is applied, is awarded a custodial sentence, and the time during which he is placed at the disposal of the Court shall be deducted from his penalty period.
1 The person whose provisional arrest or surrender has been requested from the Court shall be informed of the possibility of his consent to immediate surrender prior to each hearing.
2 Until the beginning of the session, he may make a statement as referred to in the first paragraph to the Judge Commissioner. During the session, he can make the statement before the court.
3 The person claimed may be assisted by counsel in the making of the statement. On this point, if he appears without counsel, his attention is drawn by the judge-commissioner.
4 Before he makes the statement, the claimed person shall be informed of the possible consequences thereof. The statement shall be made out in minutes.
5 The Judge-Commissioner shall send the minutes to the Public Prosecutor.
1 After a declaration in accordance with Article 36 has been made, the D.A. can decide that the requested person will be made available to the Criminal Court.
2 The first paragraph shall continue to apply if it is found that the person claimed in the Netherlands is subject to criminal proceedings or is subject to a whole or in part for enforcement by a Dutch court. Criminal judgment has been delivered. In that case, the D.A. shall make a claim for the purpose of Article 21 .
3 Of any decision taken pursuant to paragraph 1 or paragraph 2, the D.A. shall immediately notify our Minister.
1 If the D.A. in accordance with Article 37, first paragraph , has decided that the requested person will be made available to the Criminal Court, remains Article 21 external application.
2 Is the in Article 21 the claim has already been submitted to the court, it shall be withdrawn without delay. The Registrar of the Court of Justice shall make the request for surrender, together with the documents in question, in the hands of the D.A.
3 Of the revocation of the claim, the officer shall notify the claimed person.
1 Within 10 days after the district attorney made a decision as intended Article 37, first paragraph , the person claimed is made available to the Court by a moment set by our Minister in consultation with the Criminal Court. The person claimed may remain in custody or in insurance until then.
2 The district attorney may, if necessary, order the detention of the requested person for the purpose of surrender under the provisions of this paragraph. Article 34 shall continue to apply mutatis mutandis.
In case of surrender under this paragraph is Article 12, first paragraph , not applicable.
1 Items, found in the possession of the person whose surrender or provisional arrest has been requested under the Staff Regulations, may be seized at the request of the Court. The seizure shall be carried out by, or on the expense of, the officer or auxiliary prosecutor of the judicial system, competent to give an order for arrest or provisional arrest.
2 At the time of Article 21 The prosecutor shall present a list of the seized property to the court.
1 The court shall decide on the request for surrender as to the issue, or the return, of the seized property. The issuing of such articles to the Court of Justice may be ordered only in the case of acceptance of the request for surrender.
2 For the purposes of possible rights of third parties, the court may decide in respect of certain articles, that issue to the Court may be made only under the clause, that those articles shall be returned immediately after the date of the appeal; the use necessary for the criminal proceedings shall be made.
3 The provisions on and under the Articles 116 to 119 , 552a and 552c to 552nd of the Code of Criminal Procedure shall apply mutatis mutandis.
4 In the case of surrender in accordance with the provisions of Paragraph 6 of this Chapter decide, subject to the jurisdiction of the Court of Justice under the third paragraph, to the District Attorney on the issue or the return of the seized property, except where the court has jurisdiction.
With regard to orders for deprivation of liberty issued under this Chapter, the Articles 52 to 55 and 57 of the extradition law applicable mutatis mutandis.
1 In cases where the surrender is declared inadmissible in the case of a right of judgment, the Court of Justice may, at the request of the person claimed, grant him a charge to the State for the damage he has suffered for the cause of the surrender of the judgment. As a result of the deprivation of liberty, ordered under this law. Damage is understood to be the disadvantage that does not exist in property damage. The Articles 89, third, fourth and sixth paragraphs , 90 , 91 and 93 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
2 In cases referred to in the first paragraph, the Articles 591 and 591a of the Code of Criminal Procedure shall apply mutatis mutandis to the compensation of costs and claims for the person claimed or of his heirs. In the place of the in Article 591, second paragraph, of the Code of Criminal Procedure The court of first instance shall take the court of the Hague.
1 To the Court's request for any form of cooperation referred to in Article 93 of the Statute shall be given as much as possible the action required, having regard to the provisions of this chapter .
2 To the Court's request for cooperation under Article 93 (1) of the Statute, the requested action shall be taken as soon as possible, unless its approval is contrary to the law.
1 To a request for cooperation as referred to in this Chapter shall be met as far as possible in the manner indicated in the request, including following the procedures set out therein and allowing it to be stated in the request persons to be present and to assist in the execution.
2 The Netherlands authorities responsible for the implementation of requests for cooperation shall be responsible for the security of the persons concerned and shall, to that end, be responsible for determining the conditions for the application of requests for cooperation between the Member States concerned. cooperation is being implemented.
The meaning and distribution of documents to third parties, to the satisfaction of a request for cooperation, shall be applied mutatis mutandis to the legal provisions relating to the meaning and the distribution of Dutch documents of similar -
1 Our Minister may allow persons who are deprived of their liberty in the Netherlands to be temporarily placed at the disposal of the Criminal Court for identification purposes, for the purpose of obtaining witness statements or for the purpose of other forms of cooperation. The person concerned shall be made available to the Court only if he freely gives his consent to the Court after having been duly informed of the consequences thereof.
2 Undergoing the person to be made available, in respect of which the first paragraph is applied, a custodial sentence, the amount of time during which he is placed at the disposal of the Court shall be deducted from his penalty period.
The Public Prosecutor who has received the request for cooperation shall, without delay, decide upon the action to be taken. The Prosecutor shall, if necessary, call upon the Prosecutor's Office to intervene in other districts or the Attorney General for Curaçao, for Sint Maarten and for the public bodies Bonaire, Sint Eustatius and Saba. In the interests of a speedy and effective remedy, he may delegate the request to his counterpart in another district.
1 The D.A. asks the request for cooperation in the hands of the Chief Justice Commissioner:
a. If it is intended to hear persons who are unwilling to appear voluntarily and to make the requested declaration;
b. where it is intended to cooperate in an interview by the Criminal Court of a witness or expert per videoconference;
c. if expressly requested to make an affidavit or to make a statement, made before a judge;
(d) if it is necessary for the necessary action to be taken into account and is required by the Judge-Commissioner to carry out its powers of competence for that purpose.
In cases other than those provided for in paragraph 1, the Public Prosecutor may put the request of the Court in the hands of the Judge Commissioner.
3 The presentation of the request shall be made by a written procedure specifying the operations of the Judge-Commissioner for which a request is made.
4 The claim referred to in the third paragraph may be withdrawn at any time.
1 The in Article 50, third paragraph This claim shall have the same legal effect as the action for the conduct of investigative acts by the Judge-Commissioner, as referred to in Article 181 of the Code of Criminal Procedure , as regards:
a. the powers of the Judge Commissioner in relation to the defendants, witnesses and experts to be heard by him, as well as those to order the extradition or transfer of documents of conviction, the taking of measures in the interest of The investigation, the conduct of a DNA test, and the use of cell material, entering places, searching places, the confiscation of documents of conviction, and the examination of data, and the use of DNA testing, the seizure of cells, the seizure of sites, the seizure of sites, the seizure of documents of conviction and in automated works;
(b) the powers of the D.A.;
c. the rights and obligations of the persons to be heard by the Judge Commissioner;
d. The assistance of a counsellor;
Registrar's operations.
2 By way of derogation from the first paragraph, a claim as referred to in Article 1 Article 50, third paragraph The Court of Justice of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament, of by the judge-commissioner, as referred to in Article 181 of the Code of Criminal Procedure , in so far as the application of the Articles 190, first and fourth paragraphs , 191 , 210, first paragraph, second sentence , 213 , 215 , 217 to 219a , 221 to 225 , 226a, first paragraph , 226c, 1st Member , 226f and 236 of the Code of Criminal Procedure .
3 In order to satisfy a request made by the Criminal Court for cooperation, no use of coercive means shall be made in accordance with the first and second paragraphs.
1 To the extent that the Criminal Court's request for cooperation extends to:
a. research of telecommunications,
b. systematic observation of persons;
c. infiltration,
d. pseudo-purchase or service provision;
(e) the systematic recovery of information on the person against whom an investigation is being carried out;
f. covert entry of a private place;
g. the inclusion of confidential communications with a technical aid;
h. An exploratory examination, the D.A. may exercise the powers conferred upon him in Titles IVa, V, Va and Vc of the First Book of Criminal Procedure. To the extent that the application is intended to do so, application may also be granted to: Article 126ff of the Code of Criminal Procedure .
2 For satisfaction of a request from the Criminal Court for cooperation, no use of the powers provided for in paragraph 1 may be made and may be Article 126ff of the Code of Criminal Procedure shall not apply, other than in accordance with the first paragraph.
3 Processes-verbally and other objects, obtained by the application of one of the powers to examine telecommunications or the inclusion of confidential communications with a technical aid, may be issued to the Court of Justice to the extent that the court grants leave to do so. The Articles 21 to 25 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
4 The second paragraph of Article 126aa ; and 126bb to 126dd of the Code of Criminal Procedure shall be applicable mutatis mutandis. Article 126cc shall be applicable only to the extent that the minutes and other items concerned have not been issued to the Court. The D.A. shall ensure that a person may at any time see the records and other objects relating to him.
1 The Judge-Commissioner shall, as soon as possible, return to the D.A. as soon as possible, the request for cooperation, after the proceedings have been added, of the minutes of the interview taken by him and of his subsequent operations.
2 The documents seized by the Judge-Commissioner and held by him/her of conviction and of data media which are based on information which are gathered by the use of any punitive powers shall be made available to the Commission Prosecutor, in so far as the court grants leave to do so. The Articles 21 to 25 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
3 Unless it is reasonable that rightholders do not reside in the Netherlands on the seized documents of conviction, the leave required under the second paragraph shall be granted only subject to the reservation to the Court of Justice The documents shall be agreed to be returned as soon as the use necessary for the criminal proceedings is made.
4 The provisions of and under the Articles 116 to 119 , 552a , 552ca , 552d, 1st Member , and 552nd of the Code of Criminal Procedure shall apply mutatis mutandis to the provisions of paragraphs 1 to 3 of this Article. In the place of the court competent in accordance with those Articles, the court which is competent to issue the leave required under the second paragraph of this Article shall take the place of leave.
1 Upon termination of his duties to the satisfaction of the request for cooperation, the D.A. shall return the request with the supporting documents to our Minister as soon as possible.
2 Our Minister shall immediately inform the Criminal Court of the manner in which the application was made and the results thereof.
At the request of the Court of Justice, and in compliance with the provisions of this Chapter, the Court of Justice may, by irrevocable judgment, be subject to penalties in the Netherlands.
1 In respect of prison sentences imposed by the Criminal Court for one or more of the crimes referred to in Article 5 of the Staff Regulations, and whose implementation takes place in the Netherlands, no pardon may be sought and granted. A petition for the reduction or remission of such a sentence shall be forwarded to the Court without delay by our Minister.
2 On a request from the Court of Justice, Our Minister makes known to the Court his views on the reconsideration of a sentence referred to in paragraph 1 in accordance with Article 110 of the Staff Regulations. To that end, our Minister may seek the opinion of the Hague Court and, by the way, may obtain any information from third parties which he considers necessary.
3 In respect of prison sentences imposed by the Criminal Court for a crime against the Court of Justice as provided for in Article 70 (1) of the Statute, as well as any other criminal sanctions imposed by the Court of Justice, as well as the Court of Justice penalties may, if implemented in the Netherlands, be carried out in accordance with Article 558 of the Code of Criminal Procedure pardons are requested and granted. Before any decision on the grant of measures is taken, our Minister consults the Criminal Court in order to ascertain the position of the Court of Justice.
As regards the orders for deprivation of liberty given under this Chapter, the Articles 61 to 64a and 66 of the Law Transfer Enforcement Criminal Judgments applicable mutatis mutandis.
1 The decisions taken by the Criminal Court pursuant to Article 75 of the Staff Regulations shall be recognised in the Netherlands and may be implemented, after they have been declared enforceable at the request of any interested party.
2 Recognition and implementation shall not be carried out if:
(a) the recognition or enforcement appears to be contrary to the Dutch public policy;
(b) the document which emits the proceedings or an equivalent document which was not required in sufficient time to enable him to arrange for his defence, has been served on the defendant in absentia, unless the defendant is against the defendant against the defendant; Judgment has not been used in a legal instrument while it was capable of doing so;
(c) the decision is incompatible with a judgment given by the same parties in the Kingdom;
(d) the decision is incompatible with a judgment previously given in another State between the same parties in a dispute concerning the same issue and on the same cause, provided that the latter decision satisfies the conditions for recognition in the Netherlands.
3 The jurisdiction of the Court of Justice shall not be reviewed by the courts. The rules of jurisdiction of the Court of Justice shall not concern the public order referred to in paragraph 2 (a).
In any event, an examination of the correctness of the decision given by the Court of Justice will not be carried out.
5 Only decisions of the International Criminal Court which are not open to ordinary legal remedies are eligible for implementation.
6 The Court of Justice of the European Parliament and of the Council of 6 December 2004 decided to make decisions of the Court of Justice which would result in the loss of material and non-material damage actually suffered by the Court,
7 Applications as referred to in the first and sixth paragraphs shall be addressed to the Court of Justice in the Hague.
8 In so far as this Article does not derogate, are the provisions of the Articles 985 to 992 of the Code of Civil Procedure applicable mutatis mutandis.
The prosecutor seeking a request from the Criminal Court as intended Article 60, first paragraph , 61, 1st Member , 62, 1st Member , or 63, 1st Member , has received, without delay, the action to be taken. Article 49, second and third sentences , shall apply mutatis mutandis.
1 At the request of the Criminal Court, the person sentenced by the Criminal Court to a prison term and is in freedom may be suspended for the time being if there are reasonable grounds for the expectation that this sentence may be applied in the Netherlands It will be implemented.
2 Articles 13 to 17 shall be applicable mutatis mutandis, subject to the following conditions:
Detention shall be ordered for a maximum period of 30 days and a period of not more than 30 days for a period of not more than 30 days until the execution of the sentence of imprisonment is not more than 30 days. in accordance with Article 67, fourth paragraph , or Article 68, second paragraph , taking a start;
b. the in Article 16, fifth paragraph That period shall be 30 days.
1 Following a request from the Criminal Court for cooperation or for the implementation of a forfeitable order, a decision may be taken, in accordance with the provisions of the Ninth Section of Title IV of the First Book of the Criminal Code, a criminal financial investigations are being brought in place to determine the present or acquired benefit which is to be found here or acquired by a person subject to investigation by the Criminal Court. Any advantage conferred by other law shall be understood as meaning objects obtained, indirectly or indirectly, by the offence of which that person is suspected.
2 During the criminal financial investigation, confiscation of property may be Article 94, second paragraph , and Article 94a, 2nd paragraph, of the Code of Criminal Procedure only take place where there are reasonable grounds for a request for enforcement of a court to be forfeaed in respect of the International Criminal Court (ICC); Article 82, fourth paragraph , will be applied.
3 The Public Prosecutor of the institution shall forthwith inform our Minister of the closure of a criminal investigation. He shall also communicate to the Court all the information necessary to the Court.
1 Following a request from the Court of Justice, items may be seized:
(a) for which a confiscation order may be issued by the Court,
b. to the retention of the right to story for a corresponding Article 82, fourth paragraph , imposing an obligation to pay a sum of money to the State to deprive the State of an advantage which has been unlawfully obtained; or
c. The use of which may be provided for the benefit of unlawfully obtained benefits.
2 seizure, as referred to in paragraph 1 (a) and (b), may take place only if:
a. Seizures under Dutch law is permitted and
b. justified grounds for the expectation that a request for the execution of a court to be forfeaed in respect of the articles will be made or may be Article 82, fourth paragraph , will be applied.
1 At the request of the Criminal Court, items may be seized in respect of which a confiscation order has been issued by the Court.
2 Seizure as referred to in paragraph 1 shall be valid only if:
a. Seizures under Dutch law is permitted and
(b) justified grounds for the expectation that the general order referred to in paragraph 1 will be implemented in the Netherlands in the short term.
1 To seizure as referred to in Article 62 and 63 are competent to be the Judge Commissioner and, in so far as such jurisdiction is not reserved to the Commissioner, the Public Prosecutor and the State officer. On the prosecution 's claim, the judge' s office may exercise the powers conferred on him as a result of assigning a claim. Article 181 of the Code of Criminal Procedure shall be provided
2 The Articles 94b to 94d , 96 to 119 , 552a , 552c , 552ca , 552nd and 556 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
1 In the corresponding application of the Articles 552a , below 552c of the Code of Criminal Procedure the court does not enter into a review of the rights of interested parties, if a determination has been made by the Criminal Court in connection with an order to forfeit its confiscation. The court may only enter into such a review if:
(a) which relates to rights in respect of immovable property situated in the Netherlands or registered in the Netherlands;
(b) that establishment is concerned with the validity, nullity or decomposition of legal persons established in the Netherlands or the decisions of their organs;
(c) that establishment has been made without the person concerned having not appeared before being informed in advance of the proceedings;
(d) that finding is incompatible with a judicial decision previously given in the Netherlands;
e. recognition of that adoption would be incompatible with the Dutch public policy.
2 If, and as long as the rights of an interested party are pending before the Court of Justice, the proceedings of the Court shall not be admissible in its complaint or proceedings.
This paragraph shall apply to a request from the Criminal Court for the implementation of a prison sentence imposed by the Court:
a. if the Netherlands has prepared to accept those convicted and the Criminal Court designating the Netherlands pursuant to Article 103 (1) (a) of the Statute;
(b) if the Netherlands as a host country is required to implement the sentence in accordance with Article 103 (4) of the Statute.
1 In the case of: Article 66 (a) The President of the Court shall decide whether or not to direct the appointment of the Court.
2 The decision of Our Minister referred to in paragraph 1 shall be: Article 10 of the Code of Criminal Law Not applicable.
3 Our Minister shares the Criminal Court with his decision as soon as possible.
4 The implementation shall be made on a proposal from the D.A. at the Gravenhage arrondissementin the Hague, by Our Minister.
1 In the case of: Article 66 (b) , the prison sentence imposed by the Criminal Court shall be placed at the direction of our Minister in the Netherlands, or further implemented, in accordance with the conditions set out in the Headquarters Agreement, referred to in Article 3, second paragraph, of the Convention. Statute. On the decision of Our Minister is Article 10 of the Code of Criminal Law Not applicable.
2 Article 67, third and fourth members , shall apply mutatis mutandis.
1 The implementation pursuant to Article 67, fourth paragraph, or Article 68, second paragraph, of a jail sentence imposed by the Court shall be subject to compliance with or under the conditions of Penal code , the Code of Criminal Procedure , the Penitentiary Principles of Principles or any special criminal law relating to the enforcement of judicial decisions.
2 The Articles 15 to 15l of the Penal Code shall not apply, except in respect of a prison sentence imposed by the Criminal Court for a crime against the judicial authority of the Court as provided for in Article 70 (1) of the Statute.
If the Court decides, in accordance with Article 104 of the Staff Regulations, to transfer the sentenced person to another State, the person concerned shall be made available to the authorities of that State as soon as possible, at a Minister, after consultation with those authorities, to determine time and place.
2 At the time when the person concerned is made available to the authorities referred to in the first paragraph, the enforcement in the Netherlands shall cease to be enforced in the Netherlands by law.
1 Communications, exchange between the convict and the Criminal Court, shall not be impeded and shall be confidential. The submission by the convict of a petition or any other text may be effected through the director of the establishment in which the sentenced person resides. In such a case, the Director shall ensure that the writing, bearing a daydraw, is sent to the Court without delay.
2 Persons appointed by the Court of Justice shall have in accordance with Article 38, seventh paragraph, second to fourth sentence, of the Penitentiary Principles of Principles , access to the convict in the facility in which he resides.
3 Requests from the Criminal Court for information required by the Criminal Court for the exercise of its supervisory task in accordance with Article 106 of the Staff Regulations shall be granted as far as possible by our Minister.
4 At the request of the Criminal Court, the convicted person is temporarily placed at the disposal of the Criminal Court for the purposes of any investigation to be carried out by the Criminal Court in connection with the implementation of the Criminal Court.
This paragraph shall apply to a request from the Criminal Court for the execution of one or more of the following sentences and orders, issued by the Court of Justice or tribunal, as imposed by the Court of Justice on the following terms:
a. A fine;
b. an order for confiscation of proceeds, goods and assets directly or indirectly acquired by the crime;
(c) an order referred to in Article 75 of the Staff Regulations, bearing in place an obligation for the person to pay a sum of money for the benefit of one or more of the beneficiaries.
The D.A. shall, within two weeks of the date on which he has received the request with the supporting documents, request that the Court of Justice be granted leave to execute. In the case of his action, the district attorney shall submit the documents to the court. A copy of the claim shall be served on the sentenced person.
1 As soon as possible after receipt of the Article 73 The President of the Court shall determine the time at which the court will commence the proceedings of the action. A period of not less than 10 days shall be served between the day on which the notice to appear at the hearing has been notified to the convict and the hearing.
2 With the consent of the convict, this period may be shortened, provided that this consent proves to be from a written declaration.
The Registrar of the Court shall without delay inform the Public Prosecutor and the convict of the time when the proceedings for the proceedings of the proceedings have been determined. In so doing, the convict, if it does not appear that he already has a counsellor, shall be aware of his power to elect one or more advisers and to the possibilities for the addition of a counsellor, and to his right to knowledge of the procedural documents.
1 The D.A. and the convict shall have jurisdiction in the investigation that the court has to carry out pursuant to this paragraph and to appeal to witnesses and experts to the decisions which it has to take.
2 The prosecutor may, by reasoned decision, refuse to give any witnesses or experts if it is reasonable to assume that they were given by the convict in order to make statements for the purpose of the proceedings before the Court. challenge of facts, as intended in Article 78, third paragraph . The decision shall be notified in writing to the sentenced person without delay. It shall be made aware of the provisions of the Article 78, fifth paragraph .
1 The examination of the claim shall take place in the presence of the Public Prosecutor. The sentenced person shall be given the opportunity to attend, and may be assisted by his counsellor.
2 The procedure for the procedure shall be open to the public unless the court orders the closure of the doors at the request of the sentenced person or of serious grounds in the minutes of the hearing.
3 If the convicted person has been deprived of his liberty at the expense of the Criminal Court or of the authorities of a foreign state, he may be transferred to court for attending the session.
1 The court examines the identity of the convict, the admissibility of the district attorney, as well as the possibility of enforcement in the Netherlands of the Criminal Court ' s decision and the facts and circumstances applicable to it decision of importance.
2 The district attorney and the convict and his counsel shall be given the opportunity to be heard at the court hearing.
3 The court is bound by the determination of the facts which apparently gave the Court the basis of its decision. It does not enter into a new investigation into these facts.
4 The Articles 260, first paragraph , 268 , 269, fifth member , 271, 1st Member , 272 , 273, third member , 274 to 277 , 278, second member , 279 , 280 , 281 , 286, first, fourth, fifth and sixth member , 293 , 299 , 300 , 301, first, second, fourth and fifth members , 310 , 311, second to fourth paragraphs , 315 to 317 , 319 , 320 , 322, first and second members , 324 , 326 , 327 , 328 to 331 , 345, first to third members , 346 and No 347 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
5 If the D.A. in accordance with Article 76, second paragraph , having refused to call on a witness, the sentenced person may request the court to order the witness ' s summons. The court will deal with this if it considers that the prosecutor has not been able to come to his decision in fairness.
6 The articles referred to in paragraph 4 shall not be applied in so far as they relate to a witness whose identity is not or only partially proved.
7 The District Attorney, after reading, submits a conclusion to the court. If his conclusion is intended to give effect to implementation, the D.A. shall prescribe the sentence or measure to be taken in its judgment instead of the penalty imposed by the Criminal Court.
8 The Public Prosecutor may, as long as the investigation is not concluded at the hearing, are intended to Article 73 All right. From withdrawing the claim, he informs the convict immediately.
1 The court shall grant leave to enforce the decision of the Criminal Court and, having regard to the rules laid down in the Staff Regulations, impose the penalty or measure on the corresponding fact under Dutch law. The judgment of the court shall state the reasons on which it is based. The Articles 353 and 357 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
2 In no case shall the court have jurisdiction to impose a heavier penalty or measure than has been established by the Criminal Court.
3 No legal remedy shall be open to the judgment. The ruling will be enforceable in a moment.
4 The court shall send a certified copy of the statement to our Minister without delay.
5 The Articles 363 and 365, first to fifth member of the Code of Criminal Procedure shall be applicable mutatis mutandis.
On the implementation of one on the basis of Article 79 imposed penalty or measure Article 69, first paragraph , mutatis mutandis.
1 Without prejudice to the other provisions of this paragraph this Article It applies to a request from the Court of Justice for the enforcement of a fine.
2 On the deposit, in accordance with Article 79, first paragraph , of a fine Article 23, third, fourth, seventh and eighth members, of the Penal Code Not applicable.
3 In the case of imposition of a fine, an order as referred to in Article 24c, first paragraph, of the Penal Code No.
4 If the convicted person appears unwillingly to pay the sum due and complete story has been revealed impossible or has been waived by the public prosecutor, the D.A. shall forward the request with the supporting documents thereof. Back to Our Minister, who will inform the Criminal Court.
5 If, in the case referred to in paragraph 4, the Criminal Court prolongs the duration of the prison sentence imposed on the sentenced, and that prison sentence is enforced in the Netherlands, the Articles 67 and 68 with regard to the additional part of the prison sentence corresponding to the corresponding application.
1 Without prejudice to the other provisions of this paragraph, this Article shall apply to a request from the Criminal Court for the enforcement of a confiscation order.
2 In the case of his claim, Article 73 , the D.A. shall also submit a list of items or claims relating to the objects of the Articles 61 to 63 have been seized.
3 In the event that the Court grants leave to execute an order to forfeit the confiscation order, it shall issue the confiscation of the articles in question. If a confiscation of one or more of the objects is not possible, the court may, in accordance with the Articles 36b to 36d of the Criminal Code to pronounce on the traffic of the items in question.
(4) If confiscation or withdrawal is not possible from the movement of one or more of the objects, the court submits to the convict the obligation to pay a sum of money to the State for the withdrawal of unlawful interference. an advantage obtained. Taking into account the decision of the Court, it shall fix the amount on the amount of items or part of which the confiscation or withdrawal of goods is not possible.
5 Judgments, in so far as they are forfeitable or retraction, shall be the subject of Articles 552b , 552nd and 552g of the Code of Criminal Procedure applicable mutatis mutandis.
6 On judgments, in so far as the imposition of an obligation to pay a sum of money to the State for the benefit of the benefit conferred by law is to be taken into account, Article 577b of the Code of Criminal Procedure applicable mutatis mutandis.
7 Article 65 shall apply mutatis mutandis.
1 Without prejudice to the other provisions of this paragraph, this Article shall apply to a request from the Criminal Court for the execution of an order as referred to in Article 75 of the Staff Regulations, bearing in place an obligation to apply the sentenced person to payment of a sum of money for the benefit of one or more beneficiaries.
2 The district attorney shall call upon the beneficiary or the beneficiaries of the warrant, unless notice is reasonably reasonably possible.
3 The beneficiary shall be entitled to the knowledge of the documents.
4 The beneficiary may be assisted. He may also be represented by a lawyer, if it declares that he is so determined to be authorized, or by a special power of attorney by a lawyer authorized by him in writing.
5 At the hearing, the beneficiary shall be given the opportunity to speak on the claim of the Prosecutor.
6 In case the court grants leave to execute the order referred to in paragraph 2, she shall submit to the sentenced person Article 36f, 1st paragraph, of the Penal Code the obligation to make payment to the State of a sum of money for the benefit of the beneficiary or beneficiaries.
7 In no case shall the court have jurisdiction to determine the sum of money at a higher sum than has been established by the Criminal Court. The court does not enter into a new investigation into the rights of interested parties, unless recognition of the ICC's decision on the matter would be incompatible with the Dutch public policy.
8 The State shall promptly issue a received amount to the persons or institutions designated by the Criminal Court.
9 Fifth to seventh paragraph of Article 36f of the Criminal Code shall be applicable mutatis mutandis.
All that is obtained from punishments and orders as intended Article 72 shall come to the benefit of the Court, without prejudice to Article 83, eighth paragraph .
1 Transit of persons who are handed over to the Criminal Court by the authorities of a foreign State, shall be commissioned by the Court and under the supervision of Dutch officials appointed by Our Minister.
2 Transit of other persons transferred or brought to the Netherlands at the request of the Criminal Court shall be commissioned by the Court and under the supervision of Dutch officials appointed by Our Minister.
3 The transport in the Netherlands, outside the premises of persons under the jurisdiction of the Court, of persons who have been deprived of their freedom at the court of the Court of Justice, shall be commissioned by the Court and under the supervision of the Court of Justice of the Court of Justice of the European Union. designated Dutch officials.
4 The officials referred to in this Article shall be empowered to take all appropriate measures to ensure the protection of the persons concerned and to prevent them from taking up their escape.
1 Transit of persons transferred by the Criminal Court to the authorities of a foreign State shall be commissioned by the Court and under the supervision of Dutch officials appointed by Our Minister.
2 The officials referred to in this Article shall have the power to take all appropriate measures to protect the persons concerned and to prevent them from taking up their escape.
1 In the case of witnesses, experts, victims or any other person present at the seat of the Court, of any nationality, to the Netherlands for a summons or a summons or an order of communication; of the Court or following a request from the Criminal Court to the Netherlands for admission to the Netherlands in accordance with the conditions laid down in the Headquarters Agreement, as provided for in Article 3 (2) of the Statute, cannot be prosecuted in the Netherlands, to be held or to any other freedom restrictive measure subject to facts or convictions that preceded their arrival in the Netherlands.
2 The immunity referred to in paragraph 1 shall lapse if the person concerned, although he was unable to do so for a period of 15 consecutive days from the time when his presence was no longer required by the Criminal Court, had the possibility to leave, has remained here to land or returned to the Netherlands after having left the country.
Dutch law does not apply to deprivation of liberty on the part of the Criminal Court within the premises of the Criminal Court in the Netherlands.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Implementing Law International Criminal Court.
Charges and orders that it will be placed in the Official Journal of the Netherlands Antilles and in the Gazette of Aruba, and that all ministries, authorities, colleges and officials, who so concern, to the accurate Carry out the hand.
Given at The Hague, 20 June 2002
Beatrix
The Minister of Justice,
A. H. Korthals
Published the 27th June 2002The Minister of Justice,
A. H. Korthals
