If a person is present in the Netherlands who is suspected of a criminal offense in another country or has an outstanding sentence there, that other country may request the extradition or surrender of that person. This may also apply to individuals with Dutch nationality, and in some cases, the person sought will be placed in pretrial detention pending their possible extradition or surrender. Dutch nationals are not surrendered to serve a sentence.

European Arrest Warrant
If an EU country is searching for a person, that country issues a European Arrest Warrant.
Under this arrest warrant, the person sought may be apprehended in the Netherlands by any Dutch law enforcement officer.

Arrest and Appearance in Court
From the moment of arrest, the accused has the right to legal representation. Following the arrest, the accused is questioned and is then often held in custody for up to three days. Within three days, the accused appears before the public prosecutor or the examining magistrate. The attorney will be present and speak on behalf of the accused.

Two important matters will be addressed by the public prosecutor or the examining magistrate. The defendant will indicate whether he or she chooses the expedited or the standard procedure. The public prosecutor or examining magistrate will also determine whether the defendant will remain in custody.

Long or short procedure
If a person subject to a request for surrender opts for the short procedure, only a brief formal hearing will take place. The requested person will then be surrendered within twenty days. In 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 examine whether the formalities have been met and will also consider the detention conditions in the country that issued the EAW.

Suspension of
In addition to choosing between the long and short procedures, the public prosecutor will also decide whether the person sought will remain in custody. If the public prosecutor believes that the risk of flight is limited, he may suspend the person’s pretrial detention. In doing so, the public prosecutor will consider the person’s personal circumstances. The following factors are important: living situation, employment, and family composition. It is important that the person sought or their family provide the attorney as soon as possible with documents that demonstrate the current status in these areas.

Law Firm The attorneys at our firm specialize in extradition and surrender law. We regularly collaborate with attorneys from other countries during proceedings to develop a joint defense strategy or to assist with the client’s transfer.

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