Page 622 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
nably necessary in connection with his defence;
d. that judgement was irreconcilable with an earlier judicial decision pronounced on this case
in the Netherlands ;
e. the recognition of that judgement would be irreconcilable with Dutch public order.
2. If and as long as proceedings are pending before the court of the requesting foreign State,
with regard to the rights of an interested party, his written complaint or claim is not admissible.
Article 13f
1. The public prosecutor in the district where the requested action must be carried out is com-
petent to deal with requests as referred to in this section. If actions have to be carried out in more
than one district, the public prosecutor is competent to deal with the whole request in each of
these districts. The public prosecutor who dealt with the whole request calls upon the interven-
tion of the public prosecutions department in other legal districts if necessary for its execution.
In the interests of the efficient completion he can also transfer dealing with the request to his
colleague in another district.
2. If they are not addressed to a public prosecutor, requests as referred to in this section are
immediately sent on by the addressee to the public prosecutor in the district where the reques-
ted action has to be taken or where the request is received.
3. Written complaints as referred to in Article 552a of the Code of Criminal Procedure, as well
as legal proceedings as referred to in Article 552c of that Code, must be instituted before the
court of the district where the public prosecutor who is dealing with the whole request is placed.
Act on the mutual recognition and enforcement of criminal penalties 2008
Article 6. (sanctions subject to recognition and enforcement)
1.The following decisions are subject to recognition and enforcement in the Netherlands:
A. decisions in respect of a financial sanction taken in another member state of the European
Union:
1°. in a judicial decision;
2°. In the form of an order;
3°. In an irrevocable judicial decision taken in appeal against an order.
B. decisions on confiscation taken in another member state of the European Union and to the
effect of:
1°. the payment of a sum of money to the state to remove an unlawfully obtained benefit;
2°. confiscation, in which the court has decided for which objects this sanction must be en-
forced.
2. Paragraph 1 applies in the case that the convicted party is a natural person, insofar as he has