News item | 03-07-2023 | 5:00 PM
The criminal justice approach to organized crime is being tightened in the fight against ruthless criminals who threaten our free society with violence and intimidation. The approach to organized and subversive crime is broad, with a great deal of attention to prevention and prevention. But stronger means are also needed to expose, break through and defeat criminal power structures. For example, the maximum sentences will be increased for the most serious forms of drug crime. And the crown witnesses scheme is being improved with stricter frameworks.
Minister Yesilgöz-Zegerius of Justice and Security wrote to the House of Representatives today that he is working on this. With this she also responds to the research ‘Main lines of the fight against mafia crime in Italy – an exploratory study for the debate on the fight against criminal collaborations in the Netherlands’ by the Scientific Research and Documentation Center (WODC) led by mr. dr. Laura Peters.
“We can no longer afford naivety. There is talk of Italian conditions, but here we are daily confronted with the devastating organized crime. Explosions in residential areas, young people are recruited for drug crime, farmers are pressured to use their barns for drug labs, our society and open economy are being corrupted. And the people who thwart criminals – including mayors, judges, lawyers and journalists – cannot live without security. If we want to maintain our safe state under the rule of law, we as a society must form a fist and take firm action where borders are crossed,” said Minister Yesilgöz-Zegerius of Justice and Security.
Italian mafia approach
Unfortunately, Italy has gained a great deal of experience in tackling intimidating and violent practices by mafia criminal organizations in recent decades. The turning point came about thirty years ago with the horrific murders of the two investigating judges; Falcone and Borsellino. After these shocking events, something fundamental changed. Society turned more than ever against everything that had to do with the mafia and measures were taken with great diligence. Although the characteristic elements of the Italian anti-mafia approach cannot simply be (fully) applied in the Netherlands, they do provide inspiration.
According to Minister Yeşilgöz-Zegerius, the most important lesson is the united front of Italian society, which ensures that it is stronger in the fight against organized crime. A shift is already underway in the Dutch criminal investigation from the focus on individual leaders in crime to the joint dismantling of criminal power structures with all organizations involved in the criminal justice chain. The minister wants to press ahead with this by investing in investigative capacity and more coordination in tackling criminal power structures.
In addition, Italy works with abbreviated procedures and criminal assets are effectively seized. This is also being worked on in the Netherlands. For example, a legal framework is being prepared for process agreements. In addition, Minister Yesilgöz-Zegerius expects to submit a bill to the House of Representatives later in 2023, which will make confiscation of assets possible without conviction if it is likely that goods and money originated from a crime. And recently a first pilot was started with social repurposing of confiscated criminal assets, opening a training workshop in a Schiedam neighborhood for local youth.
Crown witness scheme
The crown witness scheme is a heavy instrument that is applied with restraint. However, it can be crucial in the investigation in order to break through the shields with which criminal networks envelop themselves and to obtain information about the modus operandi of criminal power structures. Agreements with key witnesses are only made if this is responsible from the point of view of their safety, their environment and the officials involved. The instrument will be improved in the coming period.
In order to be able to apply lessons from the report of the Dutch Safety Board following the murders of the brother, then lawyer Derk Wiersum and confidential adviser Peter R. de Vries of the key witness in the Marengo trial, before all improvements have been made, the The Public Prosecution Service launched an action plan. Current and completed crown witness processes were analyzed and immediate improvements were made in anticipation of new laws and regulations. For example, from the first moment that a potential key witness is spoken to, it is immediately mapped out which protection measures are required.
A witness protection agreement with a criminal is a business deal and that requires strict agreements, according to Minister Yesilgöz-Zegerius. She wants to set up a framework for this at the front with legislation and regulations. We also look at how this is regulated by law in other countries. It must be clear to everyone which standardized agreements apply. If a crown witness gradually fails to comply with the agreements, a crown witness deal can be unilaterally dissolved by the State. The framework that is being developed concerns the protective measures to be taken, the rights and obligations of the State and those of the persons to be protected, and maintenance allowances.
In addition to the internal review of the crown witness deal surrounding a criminal trial, there must also be an independent review of the witness protection agreement. It is still being investigated who will perform this test. An examining magistrate, another independent judge or an independent commission is being considered. The goal is more transparency, but this requires great care. After all, the witness protection agreement contains highly sensitive information which, if it becomes more widely known, could pose a danger to all involved. In the elaboration of the legislation and regulations, the minister will also include the investigation by the Attorney General at the Supreme Court, which is expected before the end of this year.
Punishment for serious drug offenses
Organized crime has changed and hardened enormously in recent decades. The Netherlands has developed into a major producer of synthetic drugs and a transit country for hard drugs. Drugs and criminal assets cross national borders at lightning speed. Relentless violence is used when something gets in the way of the criminals. According to Minister Yeşilgöz-Zegerius, punishment is the final element, in addition to tracing and arresting criminals as much as possible. It is mainly the investigative services that deal the hardest blows in breaking up criminal networks thanks to the cracking of encrypted communication services, such as EncroChat, SkyECC and recently Exclu.
It is also important that there are sufficient opportunities for clear normative action in the most serious forms of organized crime. To give more scope for this, the maximum sentences for serious drug offenses will be increased: for the possession of hard drugs from 6 to 8 years, for the trade and production of hard drugs from 8 to 12 years, for the import and export of hard drugs from from 12 to 16 years and for committing preparatory acts for hard drug offenses from 6 to 8 years. The bill is expected to go into consultation this autumn.