Basic HTML Version
598
Uluslararası Adli İşbirliği
Relevant articles related to MLA
Code of Criminal Procedure (Wetboek van Strafvordering, WvSv)
Title X. International legal assistance
Section 1. General provisions
Article 552h
1. The following articles of this title apply to requests for legal assistance by authorities of a
foreign state in connection with a criminal case, made and addressed to an agency of the law or
the police in the Netherlands, whichmay or may not be identified by name, insofar as the disposal
is not covered by this provision or in pursuance of other laws.
2. Requests for legal assistance are requests to carry out investigation activities or cooperate
with these, send documents, dossiers or pieces of evidence or provide information, or to serve or
issue documents, or send notices or communications to third parties, whether or not this is done
jointly.
Article 552i
1. If the request is not addressed to a public prosecutor, the addressee shall immediately pass
it on to the public prosecutor in the district where the requested action must be carried out or
where the request is received, or to the public prosecutor of the National Public Prosecutor’s Office
or of the National Public Prosecutor’s Office for Financial, Economic and Environmental Offences.
2. If the request is solely for information and no coercive measures or competences are re-
quired as referred to in Articles 126g to 126z, Articles 126zd to 126zu and Article 126gg, and the
application of Article 126ff is necessary, the request does not have to be passed on.
3. A note is kept of every request that is granted in accordance with paragraph 2, in a register
for which the model is determined by the Minister. The note shall always contain the nature of
the request, the capacity of the party making the request and the action taken in respect of the
request.
4. In disposing of a request, the authority competent in pursuance of paragraph 2 observes
the general and special instructions given by the public prosecutor.
Article 552j
The public prosecutor who receives the request decides immediately on the action to be ta-
ken in respect of that request. If actions have to be carried out inmore than one district, the public
prosecutor is competent to deal with the whole request in each of those districts. The public pro-
secutor who is dealing with the whole request shall call on the assistance of the public prosecuti-
ons department in other legal districts for its execution, if necessary. In the interests of disposing
of the request quickly and efficiently, it can be transferred to a colleague in another district.