News item | 17-03-2023 | 3:30 pm
The bill for the new Code of Criminal Procedure will be submitted to the House of Representatives. The Council of Ministers has agreed to this on the proposal of Minister Weerwind for Legal Protection and Yesilgöz-Zegerius of Justice and Security.
The Code of Criminal Procedure describes which rules the police, public prosecutor, judges and lawyers are bound by in criminal proceedings. These rules relate to the detection of suspects up to and including the execution of the sentence. The current Code of Criminal Procedure was introduced in 1926 and is now almost 100 years old. This code is not designed for new forms of crime such as cybercrime and subversion. In addition, the law code from 1926 has become unclear after 150 amendments. The current code does not always reflect the correct state of affairs, because many important judgments of the highest court in the Netherlands have not yet been incorporated.
The new Code of Criminal Procedure is an accessible and clear code that contains the applicable law. It is a future-proof code that strengthens and clarifies the position of suspects and victims, among others. In addition, this new code ensures that crime can continue to be fought properly, for example through the introduction of new powers. Procedures have also been simplified.
Minister Weerwind: “We live in a time when relatively new criminal offenses such as digital crime are the order of the day. The new code enables the criminal justice chain to better respond to technological developments that follow each other in rapid succession. I also think it is important that the interests of all stakeholders are properly taken into account. So also the interests of the victim. The code contains improvements for victims, for example with regard to examining the documents in the criminal file.”
The new code has been worked on for almost ten years in collaboration with the police, the special investigative services, the Royal Netherlands Marechaussee, the Public Prosecution Service, the Judiciary and the legal profession. The new code will lead to changes in almost all organizations in the criminal justice chain. For example, employees must be trained and ICT systems and work processes must be adapted. This requires an implementation period. A realistic implementation period is currently being assessed together with the partners within the criminal justice chain.
What are the biggest changes?
New investigative powers
The new code introduces some new powers and adjusts existing powers. As a result, investigative services can take better action against new forms of (digital) crime. The formulation is also technology-independent as much as possible, so that the code does not always have to be adapted in response to new technological developments. When new investigative powers are created, it is always carefully considered that a criminal investigation only infringes privacy insofar as this is necessary and justified.
Better position of victims
The rights of victims are clearly formulated and strengthened in the new code. The new code contains better regulations for victims who want to complain about the choice not to start an investigation and better regulations for victims to add documents to the file and to examine documents.
Shorter lead times
The new code contains regulations that can contribute to shorter processing times. For example, more efforts are being made to complete the criminal investigation before a criminal case is dealt with in court. The judge will also be given more options to steer the course of the proceedings.
Good defense preparation
The suspect’s lawyer will be given the opportunity to play a more active role at an earlier stage of the case. For example, the possibilities to influence expert research are extensive. And during the entire criminal investigation, up to the substantive hearing, the defense can approach the examining magistrate with investigative wishes.