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Uluslararası Adli İşbirliği
nications who is in Dutch territory, conditions are imposed on the channelling, in that the data
obtained by tapping the telecommunication:
a. insofar as these contain statements made by or to a person who could claim exemp-
tion from giving evidence on the basis of Article 218 if he were asked about the content of those
statements as a witness, may not be used and must be destroyed; and
b. may only be used for the criminal investigation in the context of which the request for legal
assistance was made, and that the prior consent must have been requested and been obtained
for the use of the data for any other purpose.
3. Article 126bb applies correspondingly.
Article 552oc
1. A notification on the basis of a convention from the competent authorities of another state
about the intention to tap phones or telecommunications of a user who is in Dutch territory is
passed immediately to the public prosecutor appointed for this purpose by the Board of procu-
rators-general.
2. The public prosecutor immediately passes the notification to the examining judge in a
written demand requesting authorisation to grant agreement to the intention to tap phones or
telecommunications by the competent foreign authorities, within the period imposed in the app-
licable convention.
3. The examining judge decides on the demand, taking into account the provision of the app-
licable convention and the provisions in or in pursuance of Article 126m or 126t.
4. If the authorisation is granted, the public prosecutor informs the authorities that sent the
notification within the period imposed in the applicable convention, that he agrees to the in-
tention to tap the telephones or telecommunication of a user in Dutch territory. The conditions
imposed by the examining judge apply to this, as well as the conditions that the data obtained by
tapping the telecommunications of the user during his stay in Dutch territory:
a. insofar as these contain statements made by or to a person who could claim exemp-
tion from giving evidence on the basis of Article 218 if he were asked about the content of those
statements as a witness, they may not be used and must be destroyed; and
b. they may only be used for the criminal investigation in the context of which the
request for legal assistance was made, and that the prior consent must have been requested and
been obtained for the use of the data for any other purpose.
5. If the authorisation is granted, Article 126bb applies correspondingly.
6.If the authorisation is not granted, the public prosecutor informs the authorities that sent
the notification within the period imposed in the applicable convention that he does not agree
to the intention to tap the phones or telecommunication, and insofar as it is necessary, demands
that the tapping is immediately terminated.
7. A statement as referred to in paragraph 6, which relates to tapping that has already started,
also notes that the data obtained by tapping the telecommunications of the user during his stay