Page 615 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

603
Kanunları ve Tercümeleri
in Dutch territory may not be used and must be destroyed, unless this use is permitted by the
Minister of Justice in connection with a new request to this end in special cases and under further
conditions, taking the applicable convention into account.
Article 552p
1. The examining judge requests that, after enclosing the official records of the examinations
conducted by him and of those of his other activities, these are returned to the public prosecutor
as quickly as possible.
2. The pieces of evidence seized by the examining judge and the data carriers in his possessi-
on on which data are recorded which were collected with the use of powers pertaining to criminal
procedure, are made available to the public prosecutor, insofar as the court permits this, taking
into account the applicable convention.
3. Unless it is probable that the persons with a right to the pieces of evidence that were seized
are not residing in the Netherlands, the consent required in pursuance of the previous paragraph
shall be granted only under the condition that it is agreed when the documents are issued to the
foreign authorities that these will be returned as soon as the necessary use has been made of
them for the criminal proceedings.
4. The provisions of and in pursuance of Articles 116 to 119, 552a and 552ca to 552e apply
correspondingly as regards what is stated in paragraph 1 to paragraph 3. The court which is com-
petent to grant the consent required in pursuance of paragraph 2 of this article takes the place of
the court competent in accordance with those articles.
Article 552q
1. Serving and issuing documents to third parties to comply with a request for legal assistan-
ce, takes place with the corresponding application of the legal regulations in respect of serving
and issuing Dutch documents with a similar scope.
2. If an express preference has been given in a request that is subject to compliance, for ser-
ving or issuing documents to the addressee in person, this is acted upon as far as possible.
Title XI. Mutual recognition and enforcement of orders pertaining to criminal procedure
Section 1. Recognition and enforcement of foreign orders pertaining to criminal
procedure
Article 552jj
1. Orders as referred to in paragraph 2, issued by a competent judicial authority of another
member state of the European Union, can be recognised and enforced in the Netherlands.
2. Orders for the attachment of objects which are located in Dutch territory are subject to
recognition and enforcement, if, under the law of the issuing member state: