In the case of cross-border crimes, countries cooperate through international legal assistance. This includes extradition, transfer of criminal cases and mutual support in investigations.
Types of International Legal Assistance
Extradition
A suspect or convicted person can be transferred to another country for criminal prosecution or execution of a sentence. Within the EU, this is regulated via the European Arrest Warrant (EAW).
Mutual Legal Assistance
Countries support each other in criminal matters by:
- Interrogating witnesses
- Sharing documentation
- Conducting house searches
- Requesting financial data
Transfer of Criminal Proceedings
A country can transfer the prosecution to another country, for example if the suspect resides there.
Transfer of Enforcement of Sentences
A convicted person can serve their sentence in their home country via the Act on the Transfer of Enforcement of Criminal Judgments (WOTS).
Within the European Union
In the EU, there are streamlined processes, such as:
- The European Arrest Warrant (EAW)
- The European Investigation Order (EIO)
- Mutual recognition of judgments in criminal matters
Grounds for Refusal
The Netherlands may refuse legal assistance in situations such as:
- Politically motivated offences
- Risk of the death penalty
- Ne bis in idem (double jeopardy for the same act)
- Violations of human rights
Frequently Asked Questions about International Legal Assistance
When can the Netherlands extradite someone?
The Netherlands can extradite upon a valid request from another country, provided the legal requirements are met. This often applies to serious crimes such as murder or drug trafficking. Within the EU, this proceeds via the EAW, which is a faster process. Refusal may occur in case of risk of the death penalty or human rights violations.
How does the European Arrest Warrant function?
The EAW is an accelerated procedure within the EU. In the case of an EAW, the Netherlands must generally surrender the suspect within 90 days. Refusal is possible in cases of discrimination or if someone has already been prosecuted for the same act.
Can I serve a foreign sentence in the Netherlands?
Yes, via the WOTS, the Netherlands can take over a foreign judgment if you live here or are Dutch. A request must be submitted to the authorities for assessment.
What if I am arrested abroad?
If arrested abroad, you can receive consular assistance via the Dutch embassy. They assist with legal aid and family contact. The Netherlands may become involved via extradition or transfer of proceedings.
What rights do I have as a witness in an international case?
As a witness, you have the right to protection against intimidation. Interrogations can take place via video link or on site. You may refuse to testify if this poses a risk to yourself or others.