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605
Kanunları ve Tercümeleri
b. the recognition and enforcement of the order are irreconcilable with a privilege or
immunity which applies in pursuance of Dutch law;
c. compliance with a request as referred to in Article 552kk, paragraph 2, would entail
cooperating with a prosecution or adjudication which is irreconcilable with the principle which
forms the basis of Article 68 of the Criminal Code and Article 255, paragraph 1 of that code;
d. an order has been given for an investigation which was instituted with regard to an
act that would not have been an offence if it had been committed in the Netherlands;
e. it immediately becomes clear that a request as referred to in Article 552kk, parag-
raph 2, cannot be granted.
3. The enforcement of an order shall not be refused on the basis of paragraph 2, section d, if
the act on which the order is based is mentioned on or falls under the list of acts and types of acts
drawn up by a general administrative measure, and that act is threatened by a maximum custodi-
al sentence of at least three years under the law of the issuing member state.
4. The public prosecutor decides immediately, and if possible, within 24 hours after receiving
the order, on its recognition and enforcement. He shall immediately inform the authorities of the
issuing member state of his decision. This notification shall always be made in writing, stating rea-
sons, if the public prosecutor refuses the enforcement of the order on the grounds of paragraph 2.
Article 552mm
1. The public prosecutor can suspend the enforcement of the order, if:
a. the interests of an ongoing criminal investigation are opposed to the enforcement
of the order;
b. a decision has already been taken in the context of a criminal investigation to seize
the object to which the order relates;
c. the order is an order as referred to in Article 552jj, paragraph 2, sub b or c and the
decision has already been taken in a context other than that referred to sub b to seize the object
to which the order relates, and this decision has priority according to Dutch law over attachment
in the context of a criminal investigation.
2. If the public prosecutor suspends the enforcement, he shall immediately inform the autho-
rities of the issuing member state of this in writing, stating the grounds for, and if possible, the
expected duration of the suspension.
3. As soon as the grounds for suspension no longer apply, the decision shall be enforced. The
authorities of the issuing member state are immediately informed of this in writing.
4. The public prosecutor informs the authorities of the issuing member state of all the restric-
tive measures which have been taken with regard to the object to be seized.
Article 552nn
1. The enforcement of the order on attachment takes place on the instructions of the public