Extradition and surrender
If a person is in the Netherlands who is suspected of an offence or has a sentence outstanding in another country, the other State may request the extradition or surrender of that person. This may include persons of Dutch nationality, and in some cases the claimed person will be remanded in custody pending his possible extradition or surrender. Dutch nationals will not be surrendered to serve a sentence.
European Arrest Warrant
If an EU country is looking for a person, that country issues a European arrest warrant.
Based on this warrant, the claimed person can be arrested in the Netherlands by any Dutch investigating officer.
The arrest and arraignment
From the moment of arrest, the claimed person is entitled to the assistance of a lawyer. After the arrest, the claimed person is heard and then often taken into custody for up to three days. Within the three-day period, the person claimed appears before the prosecutor or the examining magistrate. The lawyer will be present and speak on behalf of the suspect.
At the prosecutor or the examining magistrate, two main issues will be discussed. The suspect will indicate whether he chooses the short or long procedure. Also, the prosecutor or examining magistrate will determine whether the suspect will be detained longer.
Long or short procedure
If a claimed person chooses the short procedure there will only be a short formal hearing. The claimed person will then be surrendered within 20 days. With the long procedure, the case will be reviewed by the court. The surrender procedure always takes place at the Amsterdam District Court. The court will consider whether the formalities have been complied with and it will also take into account the detention conditions in the country that issued the EAW.
In addition to choosing between the long and short procedure, the prosecutor will also decide whether the claimed person will be detained longer. If the prosecutor believes that the risk of flight is limited, he can suspend the pretrial detention of the claimed person. In doing so, the prosecutor will look at the personal circumstances of the claimed person. The following factors are important: living situation, employment and family composition. It is important that the claimed person or his family provide the lawyer with documents showing the state of affairs in those areas as soon as possible.
Lawyers at our firm specialize in extradition and surrender law. We regularly call on lawyers from other countries in the proceedings to determine a joint defense strategy or to assist in the transfer of the client.
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