Code of Criminal Procedure - EJTN

1 1 code of Criminal Procedure Warning: this is not an official translation. Under all circumstances the original text in Dutch language of the code of Criminal Procedure (Wetboek van Strafvordering) prevails. The State accepts no liability for damage of any kind resulting from the use of this translation. (Text valid on: 08-10-2012) in which the following have been incorporated in anticipation of their coming into effect as from 1-1-2013: Act on the Partial Amendment of a Number of Acts in the Area of Security and Justice [Verzamelwet Veiligheid en Justitie] (Bulletin of Acts and Decrees [Staatsblad] 2011, 500), Act on the Reinforcement of the Position of the Examining Magistrate [Wet Versterking Positie Rechter-Commissaris] (Bulletin of Acts and Decrees 2011, 600), Act of 1 December 2011 for Amendment of the code of Criminal Procedure [Wetboek van Strafvordering] in connection with the Review of Rules pertaining to Case Documents, Reporting by the Investigating Officer and Several Other Issues (Review of Rules pertaining to the Case Documents in Criminal Cases [Herziening Regels betreffende de Processtukken in Strafzaken]) (Bulletin of Acts and Decrees 2011, 601), Reform of the Judicial Map [Wet Herziening Gerechtelijke Kaart] (Bulletin of Acts and Decrees 2012, 313)

2 , Act on the Establishment and Amendment of the Police Act [Invoerings- en Aanpassingswet Politiewet 2012] (Bulletin of Acts and Decrees 2012, 316), Mutual Recognition and Enforcement of Sanctions involving Deprivation of Liberty and Suspended Sanctions Act [Wet Wederzijde Erkenning en Tenuitvoerlegging Vrijheidbenemende en Voorwaardelijke Sancties](Bulletin of Acts and Decrees 2012, 333) and Implementation of the Framework Decision no. 2008/978/JHA of the Council of the European Union of 18 December 2008 on the European Evidence Warrant for the Purpose of Obtaining Objects, Documents and Data for Use in Proceedings in Criminal Matters (OJEU L 350) (32717) code of Criminal Procedure Book One. General Provisions Part I. Criminal Proceedings in General Chapter One. Introductory Provision Section 1 Criminal proceedings shall be solely conducted in the manner provided by law. Chapter Two. Territorial Jurisdiction of the District Courts to try Criminal Offences. Section 2 [1.]

3 ] The following District Courts [Rechtbanken] shall have equal jurisdiction: those courts within whose area of jurisdiction the offence is committed; those courts within whose area of jurisdiction the suspect has his place of residence or abode; those courts within whose area of jurisdiction the suspect is; those courts within whose area of jurisdiction the suspect had his last known place of residence or abode; those courts before which the suspect is already being prosecuted for another offence; those courts whose area of jurisdiction borders on the territorial sea and the Amsterdam District Court, if the offence is committed at sea outside the area of jurisdiction of a District Court or on 2 board a vessel that is being taken offshore; the Amsterdam District Court, the Oost-Brabant District Court, the Oost-Nederland District Court and the Rotterdam District Court, if the public prosecutor at the National Office of the Public Prosecution Service [Landelijk Parket] is charged with the prosecution of the Criminal offence; the Amsterdam District Court, the Oost-Brabant District Court, the Oost-Nederland District Court and the Rotterdam District Court in regard of Criminal offences to be designated by Governmental Decree, with whose prosecution the public prosecutor at the National Office of the Public Prosecution Service for Financial, Economic and Environmental Offences [Functioneel Parket] is charged.

4 [2.] In the event of simultaneous prosecution at more than one District Court, the District Court, which has a higher position in this order of precedence, shall have exclusive jurisdiction, or, in the case of District Courts which have the same position in this order of precedence, the District Court at which the Criminal proceedings were first instituted. Section 3 [Repealed as of 01-01-2002] Section 4 For the purpose of determining the jurisdiction of the courts, Criminal offences committed on board a Dutch vessel or aircraft shall be deemed to have been committed in the Kingdom at the place where the owner of the vessel or aircraft resides or the company has its registered office or the vessel is registered. Section 5 If the preceding sections do not designate a competent court, the Amsterdam District Court shall have jurisdiction. Section 6 [1.] Where more than one person participates in the same Criminal offence, jurisdiction in regard of one of the persons liable as offenders or accomplices shall also imply jurisdiction in regard of the others.

5 [2.] In the event of simultaneous prosecution at several competent District Courts, the court before which the persons liable as offenders are being prosecuted shall have exclusive jurisdiction. Where such persons are not being prosecuted before the same court, the court at which Criminal proceedings against one of them were first instituted, shall have exclusive jurisdiction. [3.] If several Criminal offences have been committed by more than one person, whether or not in concert, and these offences are related to one another in such a way that it is deemed desirable to try all offences before one District Court, in the application of subsection (1) of this section, these offences shall be deemed to have been committed in participation. Chapter Three. Prosecution of Criminal Offences Section 7 The procurator general at the Supreme Court [Hoge Raad] shall be charged with the prosecution of those Criminal offences which are tried at first instance by the Supreme Court.

6 Section 8 The Board of Procurators General [College van Procureurs-Generaal] shall ensure proper prosecution of the Criminal offences tried by the District Courts and the Courts of Appeal. For that purpose, it shall give the necessary instructions to the heads of the Offices of the Public Prosecution Service. 3 Section 9 1. The public prosecutor at the Office of the Public Prosecution Service attached to the District Court shall be charged with the prosecution of Criminal offences which the District Court tries. 2. The public prosecutor at the National Office of the Public Prosecution Service shall be charged with the prosecution of Criminal offences designated for that purpose by Governmental Decree. 3. The public prosecutor at the National Office of the Public Prosecution Service for Financial, Economic and Environmental Offences shall be charged with the prosecution of Criminal offences whose detection is deemed to be part of the duties of a special investigation service under section 3 of the Act on Special investigation Services [Wet op de Bijzondere Opsporingsdiensten].

7 4. The advocate general at the Office of the Public Prosecution Service attached to the Court of Appeal shall be charged with the prosecution of Criminal offences which the Court of Appeal tries. Section 10 1. The public prosecutor, who is authorised to conduct any investigation, may also conduct, or have others conduct, a specific investigative act within the area of jurisdiction of a District Court other than the one to which he is attached. In that case he shall timely notify his counterpart attached to the District Court in question. 2. In the case of urgent necessity, the public prosecutor may transfer a specific investigative act to the public prosecutor who is attached to the District Court within whose area of jurisdiction the investigative act has to be conducted. 3. The public prosecutor, who is authorised to be present at any investigation by a judicial authority, may also be present in such capacity within the area of jurisdiction of a District Court other than the one to which he is attached, if this investigation is conducted there.

8 Section 11 [Repealed.] Chapter Four. Complaint against Non-Prosecution of Criminal Offences Section 12 1. If a Criminal offence is not prosecuted, the prosecution of a Criminal offence is discontinued, or the Criminal offence is prosecuted by means of the issuance of a punishment order, the directly interested party may file a complaint against said decision with the Court of Appeal within whose area of jurisdiction the decision of non-prosecution or discontinuance of prosecution is taken or the punishment order is issued. If the decision is taken by a public prosecutor at the National Office of the Public Prosecution Service or at the National Office of the Public Prosecution Service for Financial, Economic and Environmental Offences, the Hague Court of Appeal shall have jurisdiction. 2. Directly interested party shall also be understood to mean a legal person which, according to its objects and as evidenced by its actual activities, promotes interests that are directly affected by the decision of non-prosecution or discontinuance of prosecution.

9 Section 12a 1. The clerk to the court of Appeal, which has received the written complaint, shall send a written acknowledgement of receipt to the complainant. 2. After receipt of the written complaint, the Court of Appeal shall instruct the Advocate General to prepare a written report on this complaint. 4 Section 12b If the complaint does not fall within the jurisdiction of the Court of Appeal, it shall decline jurisdiction. If the Court of Appeal is of the opinion that another Court of Appeal, or, in the case of section 13a, the Supreme Court is competent, then the Court of Appeal shall refer the case to the court it considers competent and shall send, at the same time, the written complaint and a copy of the decision given by the Court of Appeal in chambers. Section 12c If the complaint of the complainant is manifestly inadmissible or is manifestly ill-founded, the Court of Appeal may declare said complaint inadmissible or ill-founded without any further hearing of the claim being required.

10 Section 12d 1. The Court of Appeal shall decide only after it has heard the complainant, or at any rate has properly called the complainant for that purpose, except for the cases referred to in sections 12b and 12c. 2. The Court of Appeal may decline to call the complainant to appear before it if the complainant has previously filed a complaint about the same offence, unless the complainant has presented new facts and circumstances which, if they had been known to the Court of Appeal, could have led the Court of Appeal to reach a different decision on that previous complaint. 3. If the complaint is filed by more than two persons, the Court of Appeal may suffice by calling the two persons whose names and addresses are first mentioned in the written complaint. Section 12e 1. The Court of Appeal may call the person whose prosecution is requested to appear before it in order to give him the opportunity to respond to the request made in the written complaint and to the grounds on which the complaint is based.