the public prosecution service in focus subtitle 2 arend b. vast, chief public prosecutor national...

The Public Prosecution Service in focusSubtitle 2

Arend B. Vast, Arend B. Vast, Chief Public ProsecutorChief Public Prosecutor

National Representative for the Netherlands National Representative for the Netherlands

in the CCPE of CoEin the CCPE of CoE

Ondertitel2Ondertitel2

The Public Prosecution Service at a glance

Subtitle 2

Main tasks of the Public Prosecution Service (OM)

• 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:

• special coercive measures (wiretap, house searches, seizure)

• pre-trial investigations by the investigating judge

• pre-trial custody

• indictment

•other various special investigative bodies

Dealing with a criminal offence

• 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

• Public Prosecutor

• Closing speech

• Defense Counsel

• Statement of case

• 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

• 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

• 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)

• 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

• 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

• Board of Procurators General and its staff form the national HQ / office of the PPS

• Offices of the Public Prosecution Service at the District Courts: 19 • Chief Public Prosecutor• Public prosecutors• Assistant Prosecutors and clerks + administrative staff

• Offices of the Public Prosecution Service at the Courts of Appeal : 5• 5 offices = 5 appeal courts• Chief Advocate General• Advocate General

• National Body of Appeal Court Public Prosecution Offices (LRO)National Chief Advocate General, i.e. Prosecutor General

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 districts10 court districts instead of 19

• 4 appeal court jurisdictions 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 (CVOM)• 3 types of (standard) cases

- traffic violations- drinking and driving- driving without insurance

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

PPS

Border

Border

Border

different structures different structures Letters of RequestLetters of Request

Information ExchangeInformation ExchangeData protectionData protection

C.O.

Different powersDifferent powersWorking methodsWorking methods

SouvergnitySouvergnityDiferent legal systemsDiferent legal systems

Dank u wel!

Grazie mille! Grazie mille! спасибо!

Thank you!Thank you!

Merci bienMerci bien!! Dan

ke s

ch

Danke

sch

önön

Tak!Tak!

Obrigado!

Obrigado!

Kiitos!

Kiitos!Ευχα

ριστ

ώ

Ευχα

ριστ

ώ!!

谢 谢谢 谢

¡Gracias!¡Gracias!

Dzienkuje bardzo !

Website Dutch PPS: Website Dutch PPS:

www.om.nlwww.om.nl