Extradition to the Netherlands may take place on the basis of a European arrest warrant (EAW). Germany and the Netherlands have a high volume of extradition traffic in both directions. German nationals may also be extradited to the Netherlands on the basis of a European arrest warrant for prosecution - not for execution.

German extradition lawyer on European arrest warrant from the Netherlands

Dutch criminal procedure law is comparable to German law in that it also recognises the suspension of pre-trial detention. According to reports from Dutch colleagues, bail is relatively rarely required in practice. Dutch law also has a differentiated system of appeals against the arrest warrant.

During extradition proceedings in the Netherlands, the persecuted person has a good chance of being spared extradition detention. The previous release from detention in the Netherlands is a good argument in the case of extradition to Germany in order to obtain a release from detention here too.

German extradition lawyer on judgement in absentia in the Netherlands

In the Netherlands, a judgement may be rendered in absentia if the duly summoned defendant fails to appear at the trial. Time limits apply for appeals against decisions rendered in absentia. These expire regularly 14 days after the convicted person becomes aware of the decision rendered in absentia. For the exact determination of current deadlines, it is absolutely necessary to ask a Dutch lawyer in order to be able to guarantee a binding calculation of the deadline.

Criminal offences are time-barred in the Netherlands in 3, 6, 12 or 20 years, depending on the amount of the sentence. As in Germany, there are also special statute of limitations rules for sexual offences against minors. Life sentences of imprisonment and very high prison sentences of more than 12 years do not become statute-barred. The limitation period for enforcement is generally longer than the limitation period for prosecution. In order to determine the exact statute of limitations in individual cases, it is essential to ask a Dutch lawyer. A petition for clemency is possible in the Netherlands.

It should be noted that, in the event of wrongful pre-trial detention, the Netherlands pays considerably higher compensation than provided for in the German Criminal Law Compensation Act.

OLG München (decision of 03.03.2016 ) on extradition to the Netherlands, in particular on judgements rendered in absentia.