In cases of cross-border crimes, countries cooperate through international legal assistance. This includes extradition, transfer of criminal proceedings and support in criminal investigations.
Types of International Legal Assistance
Extradition
A suspect or convicted person can be transferred to another country for prosecution or to serve a sentence. Within the EU, this is regulated via the European Arrest Warrant (EAW).
Limited Legal Assistance
Countries support each other in criminal matters by, among other things:
- Interrogating witnesses
- Transferring evidence
- Conducting house searches
- Requesting financial data
Transfer of Prosecution
A country can transfer the prosecution of a case to another country, for example if the suspect resides there.
Transfer of Sentence Enforcement
A convicted person can serve their sentence in their home country via 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
Grounds for Refusal
The Netherlands may refuse international legal assistance in cases of:
- Politically motivated crimes
- Risk of the death penalty
- Violation of the ne bis in idem principle
- Violations of fundamental human rights
Frequently Asked Questions about Legal Assistance
When can someone be extradited from the Netherlands?
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, a faster procedure. Extradition is refused in case of risk of inhuman treatment or political persecution.
How does the European Arrest Warrant function?
The EAW is an accelerated extradition arrangement within the EU. Upon a request, the Netherlands must generally transfer the suspect within 90 days. The conditions are less strict, but refusal is possible in cases of human rights violations or prior prosecution for the same act.
Can I serve a foreign sentence in the Netherlands?
Yes, via the WOTS, the Netherlands can take over a foreign sentence if you are Dutch or reside here. A request for this must be submitted to the authorities, who assess its feasibility.
What if I am arrested abroad?
If arrested abroad, you can receive consular assistance from the Dutch embassy. They provide support with legal matters and contact with family. Depending on the situation, the Netherlands may become involved via extradition or transfer.
What are my rights as a witness in an international case?
As a witness, you have the right to protection against threats. The Netherlands can interrogate you via video or in person. You may refuse to testify if it poses a danger to yourself or others. A lawyer can advise you on this.
Relevant Institutions in Leiden: For legal support, you can go to the Juridisch Loket Leiden (Stationsweg 46). Cases are often handled by the District Court of The Hague, Leiden location.