Points of attention MUTUAL LEGAL ASSISTANCE (IN CRIMINAL MATTERS)
- Occasionally, outgoing mutual assistance is rendered in secret. Only after the assistance has been given, will it become known that a request for mutual assistance has been executed.
- Only certain drastic forms of outgoing mutual assistance by the Netherlands (such as searches and seizures) require a treaty between the Netherlands the requesting state.
- It is important that a lawyer is present during the execution of an outgoing or incoming request for mutual assistance. Violation of rules of law can then be challenged immediately. This is important, because once assistance has been rendered, it is very difficult to contest, in the requesting state, the procedure that was followed abroad.
- If there are international aspects to a national criminal case, it can be important to hire foreign lawyers as soon as possible; we have a large international network of specialised colleagues.