Consent given for a search? Or not?
When carrying out police duties, investigating officers regularly want to search a means of transport or a home. If they are caught red-handed or have a search warrant, this is not a problem. Then they are allowed to search, even if they have not obtained permission to do so from the occupant or driver. The warrant should [...]
One expert is not the other
On 11 May 2022, the case 'the Petten camping murder' was heard again by the court. Again, because there had been an irrevocable conviction for manslaughter since 1995. However, the proven charges had been adopted almost exclusively on the basis of the defendant's confessed statements. However, new expert evidence revealed serious doubts about the [...]
Prosecution should stay away from confidential communications with lawyers
Certain professionals in the Netherlands have a statutory duty of confidentiality. People seeking medical or legal help, for example, need to be confident that their information is in safe hands. If there is a chance that information could be out on the street, people might hesitate to go to the doctor, for example, or to make a [...]
Failure to comply. Is criminal law then the optimum remedy?
It took a while for the Dutch banks, especially ING and ABN Amro, to catch on. In the international fight against money laundering, they cannot remain on the sidelines. Indeed, since the money laundering process can take place via financial institutions, their involvement is of great importance. They are the first to have insight into the money flows [...]
On bitcoin laundering
On 1 February this year, the Court of Appeal of The Hague ruled in one of the first large-scale criminal investigations into bitcoin laundering from 2013 to early 2016. The case involved, among others, a bitcoin trader who allegedly traded bitcoins with more than 1,000 people. It allegedly involved [...]
When is a fact serious enough to warrant wiretapping in detection?
For a long time, police and judiciary could go relatively unhindered with the use of digital investigation methods. The law did not set such high standards for privacy. Nor did European directives. Directive 2006/24, for example, left almost the entire EU population virtually unprotected from government surveillance and eavesdropping. The directive gave investigating authorities all the leeway they needed to do all [...]
Settlements. Will there be more frequent 'settlements' in criminal law in the future?
In legal proceedings, parties can litigate until the (highest) court has rendered a judgment. This, of course, has all kinds of disadvantages. As long as proceedings are ongoing, parties remain uncertain for a long time. And even with an eventual win, there may be irreversible damage, such as loss of relationships, work or home. In civil proceedings [...]
RSJ: reduce the number of short detentions!
In October 2021, the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) released another refreshing report, "Short detentions under closer scrutiny". It has now also dawned on the RSJ that short detentions are often of little use and, above all, cause much unnecessary harm and the detainees and their environment. The RSJ therefore believes that [...]
Does the prosecution too easily designate a group as a criminal organisation?
Although the ban on a criminal organisation has been in the penal code since the 19th century, the article is still subject to change. Just last year, the maximum sentences were increased if the organisation's aim was to commit crimes punishable by a sentence of 12 years or more [...]
How reliable is recognition by an investigating officer?
With great regularity, recognitions by an investigating officer are introduced as evidence in a criminal case. An official report then states that the investigating officer recognised the suspect for 100% on camera images, for example. The recognition is then often substantiated with little specificity. Often the recognition is based on generalities, such as recognised by posture, appearance or hairstyle. [...]
Can the Punishment and Protection Act lead to pardon?
The new Punishment and Protection Act that came into force on 1 July last has caused a lot of unrest in recent months. Not only do the law and related regulations mean a deterioration in the legal status of detainees, they also excelled in lack of clarity. And that while the Minister had indicated in response to Parliamentary questions [...]
Anom: The Trojan horse anno 2021
''The Dutch police have done it again,'' the police chief of the National Police Unit stated. The collection of chat messages via the Anom communication app fits into the series of previous actions around cryptocommunication. For example, Encrochat and Sky were previously hacked, allowing investigation services to 'live' read along with users' conversations, among other things. With Anom, another [...]