In cross-border crimes, countries cooperate through international legal assistance. This includes extradition, transfer of criminal cases and mutual assistance in investigations.
Types of International Legal Assistance
Extradition of Suspects
A suspect or convicted person can be transferred to another country for prosecution or enforcement of a sentence. Within the EU, this is regulated via the European Arrest Warrant (EAW).
Assistance in Investigations
Countries provide assistance in criminal investigations by:
- Interrogating witnesses
- Sharing relevant documents
- Conducting house searches
- Requesting financial data
Transfer of Criminal Cases
A country can transfer the prosecution of a case to another country, for example if the suspect resides there.
Enforcement of Sentences in Own Country
A convicted person can serve their sentence in their own country thanks to the Act on the Transfer of Enforcement of Criminal Judgments (WOTS).
Arrangements within the EU
Within the European Union, there are accelerated and simplified procedures, such as:
- The European Arrest Warrant (EAW)
- The European Investigation Order (EIO)
- Mutual recognition of criminal judgments
Reasons for Refusal of Legal Assistance
The Netherlands may refuse legal assistance in cases of:
- Politically motivated offences
- Risk of imposition of the death penalty
- Violation of the ne bis in idem principle (double jeopardy)
- Violations of fundamental human rights
Frequently Asked Questions about International Legal Assistance
When can the Netherlands extradite someone?
The Netherlands can extradite someone upon a valid request from another country, provided it meets the legal requirements. This often applies to serious offences such as murder or drug trafficking. Within the EU, this proceeds via the EAW, a faster procedure. Refusal is possible in cases of risk of human rights violations or political persecution.
How does the European Arrest Warrant function?
The EAW is a fast extradition arrangement within the EU. The Netherlands must generally transfer a suspect within 90 days after an EAW request. Refusal may occur in cases of discrimination, inhuman treatment or double jeopardy.
Can I serve a foreign sentence in the Netherlands?
Yes, via the WOTS, the Netherlands can take over a foreign judgment if you are Dutch or reside here. A request must be submitted to the authorities, who will assess whether this is possible.
What if I am arrested abroad?
If arrested abroad, you can receive consular assistance via the Dutch embassy. They provide support with legal aid and contact with family. Depending on the case, the Netherlands may become involved via extradition or transfer.
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 danger to yourself or your relatives.