Yvon K., suspected of the poison murder in Halsteren, died on Monday. A suicide note was found in her home in Tilburg, the Public Prosecution Service announced. Everything points to suicide. The judge was expected to pass judgment on her on Wednesday. But she’s dead. Are we going to hear anything about her guilt or innocence?
To answer straight away: no. A dead person cannot be convicted (or acquitted). For example, it can be read in Article 69 of the Criminal Code: “The right to criminal proceedings expires upon the death of the suspect.” It is customary for the Public Prosecution Service to declare it ‘inadmissible’ upon the death of a suspect. Which brings the lawsuit to an end.
This will never provide clarity for the victim’s relatives. In this case, supermarket owner Chris Grinwis (65) in Halsteren. He was Yvon K’s friend.
On September 7, the public prosecutor had demanded a 19-year prison sentence against the Tilburg suspect. For the Public Prosecution Service it cannot be otherwise that she murdered her partner Chris Grinwis ‘in a cold and refined way’ with poison. With the aim of obtaining his inheritance. Yvon K. has always denied it. She was allowed to wait for the court’s ruling at home, which was remarkable. That doesn’t happen often with murder suspects.
Punishment
Just as striking is the death of Yvon K. two days before the judge’s ruling. Legal scholars call this ‘exceptional’. It does not happen often. Yet there are rules for these types of situations. These have been laid down up to the highest court, the European Court of Human Rights (ECtHR).
“Any punishment imposed on a deceased person would be an infringement of his dignity,” the ECtHR said. Posthumously imposing a punishment on someone as retribution and prevention serves no purpose. As a result, criminal prosecution loses its meaning to a significant extent, say the highest legal experts.
It also does not matter in which phase of a lawsuit a suspect dies. Whether that is during the hearing or two days before the court’s ruling. Only if someone is convicted will the sentence stand.
Assets
There are still some loose ends. Yvon K. had a large amount of money of more than two tons in a safe and could not properly explain how she got it, according to the public prosecutor. That’s why she was charged with money laundering. It is unclear what will happen with that money. Civil law and inheritance law also come into play here.
In general, the death of a suspect or convicted person precludes a so-called confiscation. A deceased person’s money cannot simply be claimed by the justice system. Moreover, children cannot inherit the punishment if one of their parents has crossed the line. And reclaiming assets, confiscation, is a judicial punishment.
The enormous legacy of Chris Grinwis and his previously deceased wife Mia is another story. Officially it is arranged in a new will that Chris had drawn up a few weeks before his death: Yvon would inherit everything.
Now that she is dead, the money will go to Yvon’s daughter and possibly other family, depending on how she arranged it herself through the notary. But the following applies here: interested parties can go to court to claim the money.
Tragedy
For the surviving relatives, there are only losers. The children of Yvon K. and the relatives of Chris Grinwis and Mia are burdened by this tragedy. Their questions remain unanswered. They hope that the judges will give their view on the case on Wednesday. But the judges will be careful not to overreach in their judgment about Yvon.
The Public Prosecution Service will also say something and possibly explain the claim for inadmissibility. The criminal case is then over.
A civil case is still possible. There is a chance that lawsuits will follow regarding the money in the safe and the inheritance.