EncroChat's data...forbidden fruit? (part 2)
In June 2020, several EncroChat investigations folded, resulting in many arrests. In press releases, the public prosecutor proudly spoke of the sophisticated and internationally coordinated operation, in which the Team High Tech Crime had a key role in the Netherlands. Now, a year later, the public prosecutor's office is singing a lower tune and shouting that it [...]
Suspect in money laundering investigation... bare bottom?
The fight against money laundering is another spearhead for the judiciary this year in the fight against crime. The government wants to make spending money earned from illegal activities as difficult as possible. In this approach against money laundering, the judiciary takes a thorough approach and there seems to be no question of class justice. Top executives of [...]
The impact of Covid-19 on (international) crime.
This time not a legal topic, but a more social one. This in response to Interpol's report dated 12 April this year ("a corrupting influence: the infiltration and undermining of Europe's economy and society by organised crime"), which describes, among other things, the effects of the Covid-19 (corona) pandemic on international crime. From the report [...]
"I didn't do it on purpose"
One of the most common words in the penal code is the word 'intentional'. If that word appears in the indictment on the summons, the offence can only be proved if the court also finds that there was actual intent. And in many cases, that is not at all easy to establish [...].
The bitcoin trader: commercial or criminal
The bitcoin currency hit a record value of $ 40,000 on the exchange this week. Bitcoin, as is well known, is a crypto currency and nowadays a recognised means of payment. With bitcoin, however, there is no central authority or bank. Someone who wants to use bitcoins must have a bitcoin wallet and one or more bitcoin addresses. A transfer is not made to [...]
Self-defence. A right that sometimes has to be fought for.
People are regularly summoned in the Netherlands for using violence against another person. The defence that self-defence was involved is then also regularly put forward. This defence is often rejected because there was no question of self-defence. An emergency defence situation exists only if someone "commits an act, commanded by the necessary [...]
The system of promotion and relegation is going down the drain, but why?
In late June last year, the Punishment and Protection Act was passed by the Senate. There is a good chance that the law will actually take effect. Particularly noteworthy are the new rules on conditional release (V.I.). It is also striking that the legislator wants to make the granting of, for example, a penitentiary programme or V.I. dependent on the [...]
Keep defending against formal errors!
The more difficult it becomes to solve crimes, the more the public prosecutor's office pushes the boundaries of what is permissible. Whether the prosecution does not cross the boundaries - as with following non-suspect lawyers or live viewing chat traffic between people who have not yet committed a crime - remains to be seen, but [...]
Netherlands does not extradite wanted persons to Poland for the time being. Insufficient confidence in functioning Polish legal system.
It should not be a matter of course that countries surrender their own nationals (or persons residing there) at the request of another country to be tried there or to serve a sentence. After all, that other country may have very different views on the law and how convicted persons are punished. The surrendered [...]
EncroChat's data... forbidden fruit?
'Earthquake for organised crime'was the headline of the press release of 2 July this year from the Public Prosecutor's Office, after it was revealed that more than 20 million instant messages intercepted from criminals were, to a large extent, read live. It is likely that a software application (malware) was placed at EncroChat's servers, causing messages to be read along, before [....]
Not getting anywhere with the medical service? Follow the correct procedures!
Right to medical care Every detainee is entitled to medical care. This means at least that an institution doctor, dentist, psychologist or psychiatrist must be available regularly. Discussions may arise as to whether proper care is provided. Any disagreements with the medical service usually relate to diagnosis, medication [...]
Appearing in court becomes more of a tactical choice in criminal proceedings
Whether the one-and-a-half-metre society mentioned by the government will be workable and liveable in practice in the longer term remains questionable, to say the least. But society is certainly changing. Since the virus outbreak, all sectors have been looking for ways to reduce physical presence of people wherever possible. For instance, [...]