Some key changes to the detention regime from 1 January 2025

For detainees, furloughs and the system of promotion and demotion are important issues. They affect how detention is endured and how they prepare to return to society. Regulations on these topics are movable, though. In 2021, with the introduction of the Punishment and Protection Act (SenB Act), [...]

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, the European Union has an equally important body and that is the Court of Justice (ECJ), based in Luxembourg. The ECJ was established to deal with the [...]

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 may be 'plucked' from the convicted person by the authorities. A procedure for 'deprivation of illegally obtained benefit', begins with a claim by the public prosecutor (OM). The amount in [...]

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 Human Rights (ECtHR) has reprimanded the Netherlands several times. In 2016, the Netherlands was told in the Murray judgment that the way the life sentence violated [...]

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 are not punishable in themselves, but which facilitate the execution of certain opium offences. Preparatory and promotion acts: In itself, the provision of a shed, money, certain chemicals or a [...]

How informative is the subpoena?

When the preliminary criminal investigation proceeds to the final investigation, the public prosecutor (OM) proceeds to draw up the summons. This summons will also have to describe the offences for which the suspect has to answer. This information function of the indictment aims to ensure that the suspect (together with his lawyer) is as [...]

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 shaken legal order, the investigation is not yet complete, there is a risk of flight or there is a danger of recurrence. The term "repetition" or "recidivism" does not appear in the law. [...]

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 penalties, but detention lasts shorter and can be imposed for offences. These are classified in the law as less serious than crimes. The enforcement of custody, like pre-trial detention, generally takes place in [...].

How is the illegally obtained benefit calculated?

If someone has earned money by committing illegal activities, there may be 'illegally obtained benefit'. At the request of the Public Prosecution Service (OM), the court can impose a confiscation measure obliging the convicted person to pay this benefit to the state. But how is this benefit determined? Unlawfully obtained benefit [...]