Artikel 8

1. An accused person who is present in the territory of Ukraine and whose extradition to the Kingdom of the Netherlands has been refused, may stand trial in the Kingdom of the Netherlands via a videoconference link in accordance with this Agreement.
2. Standing trial by videoconference shall only be carried out with the consent of the accused person. The Parties shall make arrangements enabling the competent authority of the Kingdom of the Netherlands to inform the accused person of the consequences of consenting to the use of videoconference and to assure that the accused person expresses his or her consent voluntarily and in full awareness of these consequences. To that end, the accused person shall have the right to be assisted by a legal counsel and by an interpreter. The consent shall be given in writing or otherwise formally recorded and may not be revoked.
3. After the consent, referred to in paragraph 2 of this Article, has been given, standing trial by videoconference shall be considered as proceedings at the hearing of which the accused person was personally present.
4. The competent authorities of the Parties shall agree the practical arrangements, including the technical means and specifications for the use of videoconference and the persons participating in the hearing by videoconference. When agreeing practical arrangements, the competent authority of Ukraine shall undertake to:
a) inform the accused person of the date and place of the hearing by videoconference and, where necessary, arrange for him or her to be present at the hearing by videoconference;
b) provide the accused person with information, submitted by the Kingdom of the Netherlands, about his or her rights under Dutch law, in such a time as to allow the exercise of his or her rights of defence effectively.
5. Where a hearing is held by videoconference, the following rules shall apply:
a) a judicial authority of Ukraine shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for establishing the identity of the accused person and ensuring respect for the fundamental principles of Ukrainian law. If that authority is of the view that during the hearing the fundamental principles of Ukrainian law are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with those principles;
b) measures for the protection of the accused person shall be agreed, where necessary, between the competent authorities of the Parties;
c) the hearing shall be conducted directly by or under the direction of the judicial authority of the Kingdom of the Netherlands in accordance with Dutch law;
d) at the request of the Kingdom of the Netherlands or the accused person, Ukraine shall ensure that the accused person is assisted by an interpreter, if necessary;
e) accused persons shall be informed in advance of the hearing of the procedural rights which would accrue to them, including the right not to testify, under the law of the Parties.
6. Without prejudice to any measures agreed for the protection of persons, on the conclusion of the hearing, the competent authority of Ukraine shall draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of all other persons in Ukraine participating in the hearing, any oaths taken and the technical conditions under which the hearing took place. The document shall be forwarded to the competent authority of the Kingdom of the Netherlands.