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 [...].
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 time that the Public Prosecutor's Office (OM) had made various party donations to a start-up local political party central to the premise of official bribery. Not only were the officials of the political [...]
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 [...]
United Nations Human Rights Committee points out Supreme Court violation of treaty provision
Under international conventions, defendants in criminal cases are entitled to have their cases adjudicated in two factual instances. In the Netherlands, those factual instances are the district court and the court of appeal. At these instances, the facts can be thoroughly examined for correctness and legality. Afterwards, an appeal in cassation can be lodged with the Supreme Court. The Supreme Court [...]
Prejudicial questions
Will there finally be some acceleration in the syrupy criminal justice process? Almost anyone who has been involved in a criminal trial will agree that the chain is pretty congested. There is often a long wait for a verdict. And certainly for a final judgment by the Court of Appeal or Supreme Court. A personal life [...]
Radboud University researchers: insufficient protection of personal data when processing bulk data in criminal cases
The digitisation of society has significantly increased the ability of investigative authorities to gather data. After all, many files that can serve as evidence are on digital data carriers, such as phones, computers and servers. Through hacks - whether or not through the intervention of foreign investigative authorities - the prosecution has gained access to a [...]
Remission or reduction of a deprivation order?
The confiscation claim stems from the Plukze legislation. At the request of the public prosecutor, the court may impose an obligation on a convicted person to pay a sum of money to the State to deprive it of unlawfully (read: illegally) obtained benefit. Although the State here seems to benefit from criminal proceeds, the intention of the article is [...]
Rabobank frenetic in anti-money laundering compliance (but caught between two fires)
One of the main functions of banks is to handle their customers' payments. Another, lesser-known role of banks has become increasingly important in recent years, which is to protect the financial system from abuse and crime. After all, crime should not pay. Because by opening an account, the bank gives account holders access [...]
Behavioural influencing and freedom restricting measure (CSM) is increasingly imposed.
Since the entry into force of the Long-Term Supervision Act in 2018, it has become increasingly common for the court to impose a behavioural and freedom-restricting measure (CSM) on a certain group of convicted persons. This law is intended to mitigate social unrest and feelings of insecurity that would arise if persons convicted of a serious violent [...]
New law allowed van Lienden to be more easily ousted as a director by the prosecution
And why the prosecution will use this tool even more often It will have escaped few people's notice that S. (Sywert) Van Lienden and two others were dismissed this week as directors of the Stichting Hulptroepen Alliantie. The court decided to do so at the request of the public prosecutor and a number of employees of the foundation, who [...]
Is a trial via video link fair?
The cabinet is currently working on a legislative amendment that should allow judges to require suspects to participate in their trial by video link on the grounds of "serious security risks". The Council for the Judiciary has since indicated that it has no serious objections to the decision. Albeit that judges may use this power only in [...]