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Does EU directive 'PSP-CESOP' leave no more room for VAT fraudsters?
Trade over the internet, or e-commerce, has become an integral part of our daily lives. The range of products available on the internet continues to grow...
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Court of Justice: EncroChat evidence is not simply usable
Court of Justice In addition to the European Court of Human Rights (ECtHR) based in Strasbourg, France, which mainly handles complaints about human rights violations,...
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Underground banking poses one of biggest money laundering threats to Netherlands, but cash payments remain possible
Tackling money laundering continues to be a government spearhead in the fight against organised crime. Dutch policy to prevent and repress...
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On (the distribution of) illegally obtained benefit
It is settled case law, including from the European Court of Human Rights (ECHR), that money allegedly earned from criminal offences,...
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European Court of Human Rights reprimands the Netherlands
The Netherlands is not the best boy in the class when it comes to human rights compliance. In the recent past, the European Court of...
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When are acts of preparation referred to in the Opium Act?
In many drug cases, defendants are accused of committing criminal acts of preparation or promotion. Acts of preparation or promotion are acts that in themselves do not...
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The Yüksel Yalçınkaya case: On the use of encrypted messaging applications and due process
Late last September, the European Court of Human Rights (ECtHR) ruled in a case brought by a Turkish...
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How informative is the subpoena?
When the preliminary criminal investigation proceeds to the final investigation, the public prosecutor (OM) proceeds to draft the summons. In this summons, the...
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So when is there a risk of recurrence(recidivism)?
To keep someone in pre-trial detention, there must be good reasons. These reasons can be assumed if there is a breakdown in the rule of law,...
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House arrest as chief punishment?
In the Netherlands, we have four main penalties. They are: imprisonment, imprisonment, community service and a fine. Detention and imprisonment are both custodial sanctions, but detention lasts for a shorter...
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Corruption? 'Criminal law is not the solution to the lack of sound rules on party financing'
On Friday 21 April, the Rotterdam District Court acquitted a former alderman from The Hague and several others, of corruption. It was for the first...
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How is the illegally obtained benefit calculated?
If a person has made money by engaging in illegal activities, there may be 'illegally obtained benefit'. The court may, on the claim of...
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