Criminal Procedure Code at Netherlands
The Netherlands is in the process of modernising its Code of Criminal Procedure (Wetboek van Strafvordering), which has been in effect since 1926. The current code has become outdated due to numerous amendments and does not adequately address contemporary challenges such as cybercrime and digital evidence .
📅 Implementation Timeline
April 1, 2029: The new Code of Criminal Procedure is scheduled to enter into force. This timeline allows for a thorough and careful implementation process .
📚 Structure of the New Code
The revised code will consist of eight books, each focusing on different aspects of criminal procedure:
General Provisions: Outlines the fundamental principles and definitions.
Criminal Investigations: Regulates the conduct of investigations, including the collection of evidence.
Prosecution Decisions: Details the processes for charging and prosecuting individuals.
Court Trials: Describes the procedures for conducting trials.
Remedies: Covers appeals and other legal remedies.
Special Arrangements: Addresses specific procedural issues.
Enforcement: Deals with the execution of sentences.
International and European Cooperation: Focuses on cross-border legal matters .
🔍 Key Reforms in the New Code
Digitalisation of Proceedings: Mandatory electronic submission of case documents by prosecutors and lawyers, with provisions for citizens to submit messages electronically .
Enhanced Victim Rights: Victims and their families will have the right to complain about decisions not to investigate or prosecute, and to access case documents before trial .
Modernisation of Investigative Powers: Updated regulations for examining digital data, including provisions for accessing encrypted devices and copying personal data from publicly accessible sources .
Alternative Sanctions: Increased emphasis on community service, fines, and conditional sentences as alternatives to imprisonment .
🧑⚖️ Legislative Process
The Dutch government has been collaborating with various stakeholders, including the police, judiciary, and legal professionals, since 2014 to develop the new code. The first six books were submitted to the House of Representatives in March 2023, with the remaining books expected to be submitted in late 2024 and early 2025 .
📄 Accessing the Current Code
The existing Code of Criminal Procedure (Wetboek van Strafvordering) is available in Dutch
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