INTERNATIONAL LEGAL ASSISTANCE AND THE NETHERLANDS ANTILLES
Mutual assistance regarding criminal matters
There exists a treaty between the Kingdom of the Netherlands (of which the Netherlands Antilles form a part) and the United States of America regarding the mutual legal assistance regarding criminal matters.
“Legal assistance” includes assisting with, or granting co-operation to an investigation, sending and/or obtaining documents, files, or information, hearing of witnesses, serving notice of documents or notifying third parties, attachments and search of premises.
According to this treaty, the competent authorities with regard to the requests for legal assistance are the Attorney General or his authorized representative for the United States and the Minister of Justice of the Netherlands or the Minister of Justice of the Netherlands Antilles or their representatives for the Kingdom of the Netherlands.
In the Code of Criminal Procedure of the Netherlands Antilles it is provided that enforcement of a foreign criminal judgment in the Netherlands Antilles is only possible if a treaty exists between the Netherlands Antilles and the other country involved (article 569). Such a treaty could be bilateral or multilateral. No such treaty exists between the Netherlands Antilles (or the Kingdom of the Netherlands Antilles) and the United States of America. A United States criminal judgment can therefore not be enforced within the Netherlands Antilles.
Karel Frielink
Attorney (Lawyer) / Partner
