Court of Justice: Biometric data such as fingerprints cannot be taken and processed lightly
On 19 March this year, in the Comdribus case (C-371/24), the Court of Justice of the European Union in Luxembourg once again made it clear that the use of biometric data in criminal investigations is not straightforwardly permissible. Fingerprints and photographs may seem like standard tools for investigation services, but legally there are criteria that must be met. [...]
Takes into account tax authorities when making process arrangements
In recent years, many criminal cases have been expedited using process agreements. The Supreme Court has deemed this method - in which a judge or court - subjects the settlement proposal, or trial agreement, to a reasonableness test, permissible. The judge checks also whether the agreements were made voluntarily and they do not prejudice his independent [...]
Consider in time which witnesses should be heard in a criminal case
Article 6 of the European Convention on Human Rights stipulates that defendants in criminal proceedings must be given a fair trial. Part of the right to a fair trial is the right to question witnesses. This makes sense. Witness testimony can make the difference between an acquittal and a conviction and [...]
On making a statement in money laundering cases
While no defendant in a criminal case can be compelled to answer, it is settled case law that failure to make a plausible statement can have adverse consequences for the defendant. Some circumstances 'cry out' for an explanation from the accused. For example, if DNA is found at the crime scene. Also in certain money laundering cases [...]
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 [...]
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 on prevention and repression is based partly on the recommendations of the Financial Action Task Force (FATF). The FATF is an intergovernmental organisation in which the Netherlands is also represented. For EU member states, it [...]
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 [...]
The Yüksel Yalçınkaya case: On the use of encrypted messaging applications and due process
At the end of September, the European Court of Human Rights (ECtHR) ruled in a case brought by a Turkish teacher, who was given more than six years in prison for participating in a (terrorist) organisation believed to have wanted to stage a coup in Turkey in 2016. The [...]
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 [...]