What is the WETS procedure?
The Law on Mutual Recognition and Enforcement of Criminal Sanctions (WETS) is a Dutch law that came into force on Nov. 1, 2012. This law regulates cooperation between European member states in the field of criminal sanctions. The purpose of the WETS is to simplify and harmonize the enforcement of criminal decisions, such as prison sentences and fines, within the European Union (EU). The law is based on the principle of mutual recognition of judicial decisions, a fundamental principle within the EU that strengthens trust between member states and ensures more efficient court proceedings. The WETS is slightly different from the WOTS.
The WETS applies to the recognition and enforcement of various types of criminal judgments, including:
- prison sentences imposed by a court in another EU country can be recognized and executed in the Netherlands. This means that an offender convicted in another EU country can serve his sentence in the Netherlands.
- fines imposed in another EU country can be collected in the Netherlands. This prevents convicts from escaping their sentence simply by moving to another EU country.
- measures such as community service, mandatory treatment or other forms of probation imposed in another member state.
The procedure for recognition and enforcement of a criminal penalty under the WETS begins with a request from another EU member state. This request is assessed by the Dutch authorities. The premise of the WETS is that criminal judgments of other EU member states will in principle be recognized and enforced unless there are specific reasons not to do so.
The conduct for which the penalty is imposed must also be punishable under Dutch law. If it is not, the Netherlands may refuse to enforce the penalty.
There are certain grounds on which the Netherlands may refuse to recognize a criminal decision. This may be the case, for example, if the decision violates the fundamental rights of the convicted person or if the punishment is not in accordance with Dutch legal principles.
If necessary, the Dutch court can adjust the sentence to Dutch standards and legislation, for example, if the sentence imposed in the other member state does not correspond to what is common in the Netherlands for similar crimes.
Once the criminal decision is recognized, the sentence is executed in the Netherlands according to Dutch law. This means that all rules and procedures that normally apply to Dutch criminal sanctions also apply to sanctions executed under the WETS.
Need an attorney WETS?
Do you have questions or would you like to seek legal help immediately? If so, please contact our office. You can email us at info@klpadvocaten.nl or contact us by phone during business hours at 020-6731548. For urgent matters, such as an upcoming arrest, please reach us at our emergency number 06-24428734.
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