The number of times that suspects and the Public Prosecution Service (OM) make agreements about the amount of a sentence is increasing. In three years, process agreements have been made at least 550 times nationally. Suspects and the Public Prosecution Service then make a deal: in exchange for a lower sentence, the suspect waives an extensive trial. That saves a lot of time. The agreements must be approved by the judge.
In Drenthe, there have been nine cases in the past three years. The Northern Netherlands Public Prosecution Service has made such a deal twice in Groningen and twelve times in Friesland. This is evident from research by NOS in collaboration with regional broadcasters.
Both the Northern Netherlands District Court and the Northern Netherlands Public Prosecution Service are positive about making agreements. Time savings in particular are an important advantage, both parties say. “It saves a lot of hearing days in court,” says criminal judge Jeroen van Bruggen.
“Especially in cases that are very complex, which we expect will require a lot of work. With these agreements we try to speed up those kinds of matters. And we can spend the time that it generates on other matters.”
It does not necessarily mean less work for the Public Prosecution Service. “It does save days in court, but we still have to provide a file with evidence and substantiate a penalty demand,” says prosecutor Jan Hoekman. Yet he also sees the benefits. “Everyone knows where they stand much faster, there is clarity more quickly for perpetrators and in some cases also for victims. And this allows courts to handle other cases much faster.”
Yet there are also disadvantages. “Judiciary is public, a case is still discussed at a hearing during an appointment, but often only the main points. This means that not all details always come out,” says Judge Van Bruggen. A suspect also often receives a lower sentence when he or she makes a deal. Maximum one third less. So two years in prison, instead of three years.
Nevertheless, Public Prosecutor Hoekman thinks that this can be easily explained to society. “It often concerns cases that would otherwise take a very long time, and that also has a lowering effect on a sentence. That is why it is better to demand a slightly lower sentence now and have it imposed than to continue the entire process and end up with the same penalty reduction.”
In 2021, process agreements were made in the Netherlands for the first time. At the end of 2022, the highest court gave ‘permission’ for this new remedy. Since then, trial agreements have increased enormously, according to an analysis of published statements by Omroep Brabant.
In Drenthe, the Public Prosecution Service concluded a deal in early 2024 with seven men suspected of setting up a drug line from Emmen to Brazil. The seven men agreed to prison sentences of 15 to 36 months for their participation in a drug organization, an attempted import of coke and the preparatory acts. Three of the seven suspects are from Emmen.