In the case of cross-border crimes, countries cooperate through international legal assistance. This includes, among other things, extradition, transfer of criminal cases and support in criminal 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).
Support 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 Home Country
A convicted person can serve their sentence in their home country in accordance with the Act on the Transfer of Enforcement of Criminal Judgments (WOTS).
Regulations within the EU
Within the European Union, there are streamlined processes, such as:
- The European Arrest Warrant (EAW)
- The European Investigation Order (EIO)
- Mutual recognition of criminal judgments
Reasons for Refusal
The Netherlands may refuse international legal assistance in cases of:
- Politically motivated crimes
- Risk of death penalty
- Violation of the ne bis in idem principle (double jeopardy)
- Infringement of human rights
Frequently Asked Questions about Legal Assistance
When can the Netherlands extradite someone?
The Netherlands can extradite someone upon an official request from another country, provided the legal requirements are met. This often applies to serious crimes such as murder or drug smuggling. Within the EU, this proceeds via the EAW, which has a faster procedure. Refusal may occur in cases of risk of human rights violations or political persecution.
How does the European Arrest Warrant function?
The EAW is a fast extradition method within the EU. Upon a request, the Netherlands must generally surrender the suspect within 90 days. Conditions are less strict, but refusal is possible in cases of discrimination or inhuman treatment.
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 assess feasibility.
What if I am arrested abroad?
If arrested abroad, you can receive consular assistance from the Dutch embassy. They assist with legal matters and contact with family. The Netherlands may become involved via extradition or transfer of the case.
What rights do I have as a witness in an international case?
As a witness, you have the right to protection against threats. Interrogations can take place via video or in person. You may refuse to testify if this poses risks to yourself or others.