Arend B. Vast, Chief Public Prosecutor
National Representative for the Netherlands
in the CCPE of CoE
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Main tasks of the Public Prosecution Service (OM)
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Investigating criminal offences
Deciding to prosecute or not to prosecute
Out of court settlements: transaction, community service,
imposing fines / withdrawal of driving licence,
Prosecuting offenders
Supervising enforcement of sentences.
Investigations
The Prosecutor has ultimate responsibility for all criminal investigations
Investigative authorities:
• police
• special investigative bodies, e.g. Fiscal Intelligence and Investigations
Service and Economic Crimes Investigation Service (FIOD-ECD),
Social Security Intelligence and Investigation Service (SIOD) and the
Investigations Department of the General Inspection Service (AID)
• municipal social services
Prosecution
Prosecution begins as soon as the court becomes involved in a case:
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special coercive measures (wiretap, house searches, seizure)
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pre-trial investigations by the investigating judge
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pre-trial custody
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indictment
•other various special investigative bodies
Dealing with a criminal offence
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Decision not to prosecute (lack of evidence, no real public interest)
Settlement penalty / Transaction
Sanction imposed by the public prosecutor: Penal Order
Summons / indictment
- Charges
Court : single-judge: -up to 1 yr imprisonment- or full-bench
chamber: 3 judges
The Trial
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Public Prosecutor
• Closing speech
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Defense Counsel
• Statement of case
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Court Judge(s):
final decision
Sanctions
The penalties that can be imposed under Dutch criminal law are:
imprisonment
fine
alternative sanction
• community service or
• training order
Orders
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Confiscation of items (e.g. narcotics, weapons)
Withdrawal of driving license
Deprivation of proceeds of crime (‘squeeze ‘em’ legislation)
Civil Compensation order
Mental Hospital order (TBS)
Court permission required for certain coercive measures
Minors
People aged 12 to 18 are subject to different rules and may:
• be dealt with by the police;
• receive a fine or short alternative sanction (e.g. community service);
• go before a children’s judge.
Directions and Guidelines regarding
crimimal policy taken by the Dutch PPS
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Taken at national level
Key role played by Board of Procurators General = highest authority
within the Dutch PPS
Board sets parameters for investigation and prosecution policy with
consent of the Minister of Security and Justice
Number of criminal offences
The PPS deals on a yearly basis with more then 250,000 offences.
Tripartite consultations (1)
Consultations between the local Mayor, (Chief) Prosecutor , the (chief
of) Police
on matters including crime, public safety and
use of police resources.
Also cooperation with, among others,:
• local authorities
• probation service
• prison authorities
• child protection board
• road safety boards
• the Bar
Tripartite consultations (2)
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Business sector
Community safety partnerships, cooperation between
• municipalities
• criminal justice authorities and welfare services
Goal: reduce / prevent crime and anti-social behaviour.
• Person-specific approach
• Often Municipality-led
Victims
Victims’ rights are laid down by law
• PPS provides information about state of play of the case
• Possibility of compensation
• Victims entitled to speak during trial
• Contact with public prosecutor
Victim support desk at the PPS office offers victims information about
assistance available and answers questions about case and
consequences. Joint service by:
• Police
• PPS
• Dutch National Victim Support Organisation
Other Tasks
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Supervisory duties under Psychiatric Hospitals (Committals) Act
Compliance duties under Burial and Cremation Act
Who monitors / controls the Dutch PPS?
Dutch PPDS is accountable to two separate authorities:
Courts
&
Minister of Security and Justice
Organisation of the Dutch PPS
5,000 staff
incl. 800
public prosecutors and
some 1200 assistants to the
prosecutors
Organisation of the Dutch PPS
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Board of Procurators General and its staff form the national HQ / office of the PPS
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Offices of the Public Prosecution Service at the District Courts:
• Chief Public Prosecutor
• Public prosecutors
• Assistant Prosecutors and clerks + administrative staff
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Offices of the Public Prosecution Service at the Courts of Appeal :
• 5 offices = 5 appeal courts
• Chief Advocate General
• Advocate General
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National Body of Appeal Court Public Prosecution Offices (LRO)
National Chief Advocate General, i.e. Prosecutor General
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Two National Public Prosecutors’ Offices
National Public Prosecution Service
• Very serious national, organised and/or cross border crime, terrorism and
corruption cases ….
• Authority over Dutch National Police Force (KLPD)
• Traffic Law Enforcement Bureau coordinates enforcement of road, water
and air traffic regulations.
• Authority for the National Police Internal Investigations Department, i.e.
special Investigating Body for Police and Government
National Public Prosecution Service for Serious Financial/Economical,
Environmental and Food Safety Crime
• Centre of expertise on financial or economic offences, social security fraud
and agricultural or environmental offences
• Investigations by special investigative services (e.g. FIOD/ECD, SIOD, AID)
New structure of the Judiciary / Courts
as of 2013
• Restructuring to be completed by January 2013
• One national organisation based on regional partnerships
• New regional structure:
• 10 court districts instead of 19
• 4 appeal court jurisdictions instead of 5
Other departments of the Dutch PPS
(1)
Proceeds of Crime Bureau (BOOM) Asset Recovery Office
• Crime must never pay!
Recovering proceeds of crime
Central Case Processing Unit
• 3 types of (standard) cases
- traffic violations
- drinking and driving
- driving without insurance
(CVOM)
Service Centre for the Public Prosecution Service (DVOM)
• Products and services in the fields of HRM, Budget and Finance,
Information Management and Facilities Management (1 HQ + 5
regional offices)
Other departments of the Dutch PPS (2)
Office for Criminal Law Studies (WBOM)
• Scientific Centre of the PPS: Knowledge and documentation centre
on legal matters; conducts and commissions research
National Police Internal Investigations Department
• Deals with complaints about / suspicions regarding supposedly illegal
conduct of government officials, police officers and public servants
Souvergnity
Diferent legal systems
Different powers
Working methods
different structures
Letters of Request
Merci bien!
Thank you!
Grazie mille!
спасибо!
¡Gracias!
Dank u wel!
Website Dutch PPS:
www.om.nl