Institution Law Council for Criminal Law Application and Youth Protection 2015

Original Language Title: Instellingswet Raad voor strafrechtstoepassing en jeugdbescherming 2015

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Law of 1 April 2015 establishing a new Taxation Law Council for Criminal Justice and Youth Protection (Taxation Law Council for Criminal Justice and Youth Protection 2015)

We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to strengthen the Council's judicial role in criminal law and youth protection by extending the grounds for review of penitentiary justice, to the possibility of extending the scope of the law to the courts. (vii) to introduce a statement of appeal in the interests of the law and to separate the Council's judicial and advisory mission, and to that end redefine the Law of Criminal Law and Youth for Criminal Law;

It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:

Chapter 1. Conceptual provisions

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Article 1

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • a. Our Minister: Our Minister of Security and Justice;

  • b. custodial sentence: jail, custody, retrial detention, military detention, juvenile detention, and replacement juvenile detention;

  • c. Deprivation of liberty: suspended custodial sentence and time penalty;

  • ed. Deprivation of liberty: Detention, detention, hostage taking, provision of a detention order, placement in a youth institution, placement in a juvenile justice system or a closed accommodation as intended for the purpose of Article 1.1 of the Youth Act in connection with the implementation of an authorisation as referred to in the Articles 6.1.2 and 6.1.3 of the Youth t, placement in a device for systematic culprits and deprivation of liberty, carried out on grounds other than those mentioned in subparagraph (b);

  • e. Deprivation of liberty: conditional deprivation of liberty;

  • f. The Council: the Council for Criminal Justice and Youth Protection, intended to Article 2, first paragraph .

Chapter 2. The Council in general

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§ 1. Institution, task and composition

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Article 2

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  • 1 There is a Council for Criminal Law Application and Youth Protection.

  • 2 The Council is established in Gravenhage.


Article 3

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The Council shall be responsible for the tasks assigned to it by or under the law.


Article 4

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  • 1 The Council shall be constituted by a President and not more than 15 other members. The Council may appoint Vice-Presidents from among the other members.

  • 2 Special members of the Council may be appointed to the Council. In the performance of their duties, the special members shall have the powers of a member of the Council. The special members may be entrusted with certain tasks.

  • 3 For the purposes of this Act, members shall include extraordinary members, where not from any provision otherwise.


Article 5

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  • 1 The President shall be heard by the Council, acting upon a proposal from our Minister by Royal Decree. The Council shall make a recommendation for the appointment of the other members. The recommendation shall be heard in the section of the Council of which the member to be appointed will be part.

  • 2 Members shall be appointed by royal decree in the Department of Advisers or the Section-General. The appointment may be amended on the understanding that an appointment in the caselaw section may be terminated only at the request of the member.

  • 3 The appointment shall be for a period not exceeding four years. Reappointment may take place twice and for a maximum of four years.

  • 4 Our Minister is responsible for the disclosure of a vacancy in the Council.


Article 6

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  • 1 The members of the Council are appointed on the basis of the expertise necessary for the proper fulfilment of the Articles 3 , 24 and 28 the tasks referred to as well as on the basis of social knowledge and experience.

  • 2. In any event, the Council shall take part in:

    • (a) judicial members of the judiciary,

    • b. experts from the circle of social work,

    • c. of experts in the field of behavioural sciences,

    • d. Lawyers, and

    • e. physicians.

  • 3 For appointment as members, the following shall not be eligible:

    • a. persons working under the responsibility of Our Minister, if their independence or impartiality could be in dispute either by their position or by the nature of their work;

    • (b) persons working in, or part of, a body which monitors the enforcement of deprivation of liberty or deprivation of liberty or measures or on the implementation of the youth rehabilitation programme, as referred to in Article 4 (2). Article 1.1 of the Youth Act ;

    • (c) persons against whom objections have been raised in respect of the performance of the duties, which are evidenced by the judicial data referred to in the Decision on judicial and criminal data , or from police data, intended in Article 1 (a) of the Law of the Police ; the objections relate to the confidential nature of the function and to the powers attached to it.

  • 4 For appointment as a member of the case-law, the following shall not be considered:

    • a. officials or other persons working under the responsibility of Our Minister in the field of the enforcement of deprivation of liberty or freedom of liberty or measures;

    • b. The persons referred to in Article 1 (b), (1) and (4) (4) of the Law on the judicial organisation -with the exception of the special-service council and the Advocates-General in exceptional service to the High Court;

    • c. Board members, members of a supervisory board, staff or staff of an institution as referred to in Article 3.3 of the Forensic Care Act operating in the field of enforcement of deprivation of liberty or detention. Deprivation of liberty or measures;

    • d. Board members, members of a supervisory board, staff or staff members of a certified institution as intended in Article 1.1 of the Youth Act , in the implementation of the Youth Reclassification referred to in Article 1.1 of the Youth Act;

  • 5 In the composition of the Council, the aim is to promote the proportional participation of women and persons belonging to ethnic or cultural minority groups.


Article 7

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  • 1 The members of the Council shall be dismissed on their own request by royal decree.

  • The members shall also be suspended by the Council, in a reasoned decision, suspended or in the event of incapacity for sickness with a different task, and shall be notified by the President of the Council, by reasoned decision. in accordance with Chapter 6A of the Law of the Law of the Court of Justice , except that:

    • -in the place of 'the judicial officer', the member shall be replaced by the following:

    • (i) instead of reading 'High Court': Council;

    • -the term 'Attorney General' shall be replaced by the following:

    • -instead of being replaced by 'Deputy Prosecutor General': Chairman of the Administration-Jurisprudence Division;

    • -in the place of a 'court': the Council;

    • -the term 'functional authority' shall be replaced by the following:

    • -the Council, the communication of decisions, Article 46p, fifth paragraph, of the Law on the legal position of judicial officers -To our minister.


Article 8

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The reimbursement of travel and subsistence expenses and further fees to members of the Council shall be established by, or under a general measure of management, by the Board.


Article 9

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  • 1 Members shall refrain from participating in the activities of the Council which, having regard to other functions which they fulfil, may lead to a conflict of interests or responsibilities or to the loss of independence or impartiality of the Counsel.

  • 2 The members of the Section-case-law shall inform the Board of the Council of their other relations. Where possible, notification shall be made as soon as it is intended to carry out the activities of the relationship. They shall also inform the Steering Board if they do not fulfil any other relationship.

  • 3 The notifications shall be updated annually and published on the website of the Council.


§ 2. The support of the Council

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Article 10

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  • 1 The Council shall have a Secretary.

  • 2 The Secretary, after consultation with the President of the Council, shall be appointed by Our Minister, promoted, suspended and dismissed.

  • 3 The Secretary shall be accountable to the Council for his work before the Council.

  • 4 The Secretary is not a member of the Council.


Article 11

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  • 1 Staff members may be added to the Secretary.

  • 2 Employees are appointed, promoted, suspended and dismissed by our Minister after consultation with the Secretary.

  • 3 Employees are not members of the Council.


Article 12

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Our Minister, after consultation with the Council, shall ensure the necessary provisions for the work of the Council.


§ 3. Powers of the Council

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Article 13

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The Council shall be represented by the President and the Secretary.


Article 14

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  • 1 The Council shall adopt rules of management. This shall in any case contain rules on procedures and procedures with a view to the proper and careful exercise of the various tasks. In so doing, provision may be made for further safeguards against the mixing of the Council's advisory and judicial function.

  • 2 The Rules of Procedure and any amendment thereto shall be sent to our Minister as soon as possible and shall be subject to his approval.


Article 15

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The Council may apply to the officials designated by our Minister for the purpose of extracting information.


Article 16

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  • 1 The Council may be assisted by other than the Article 15 Persons referred to, to the extent necessary for the performance of their duties.


Article 17

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  • 1 The members of the Council shall at all times have access to all places in establishments and institutions which, under the responsibility of our Minister, carry out a task in the context of the implementation of custodial sentences, restrictions on freedom of freedom and freedom of movement. punishments, measures involving deprivation of liberty and restrictive measures.

  • 2 The members of the Council received from the Director of the establishment or the institution responsible for the enforcement of a custodial sentence, a custodial sentence or a deprivation of liberty or a deprivation of liberty, or of the order of liberty; or persons working in that establishment or institution, all information required by them.

  • 3 The members of the Council who, in the performance of their duties, are given information, of which they are of the confidential nature or are reasonably presumed to suspect, shall be subject to the confidentiality of such information, except in so far as (i) statutory provision requiring them to publish the obligation or the need for publication in their task.


§ 4. Other provisions

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Article 18

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Before 1 April each year, the Council shall forward to our Minister a draft budget for the subsequent calendar year of the expenditure relating to its task.


Article 19

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  • 1 The Council shall forward to our Minister a work programme for the next calendar year by 15 November each year.

  • 2 Our Minister, in good time, provides the Council with an overview of the intentions to seek advice.


Article 20

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The Council shall take the work programme into account as far as possible in the performance of its tasks. Without prejudice to the Comptability Act 2001, it shall fulfil its task by means of the funds made available under the relevant budget act.


Article 21

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By 1 April each year, the Council shall draw up a report on the activities, the policies pursued in the general and the efficiency and effectiveness of its activities and operations, in particular, during the previous calendar year. The report is sent to Our Minister and is widely available.


Article 22

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The Council shall, upon request, communicate to our Minister the information required for the performance of the task of its task. Our Minister may, in so far as it is reasonably necessary for the performance of his duties, access business records and records.

Chapter 3. The Department for consultancy

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Article 23

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  • 1 The Council of Ministers has a department of advisory opinion.

  • 2 The Department of Advisers shall consist of:

    • (a) the President of the Council and

    • b. The members and extraordinary members appointed in the advisory section.

  • 3 The President of the Council is also Chairman of the Advisory Division.


Article 24

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The department advises our Minister, on request or on its own initiative, on the application and implementation of policies and regulations in the field of criminal justice and on young people, including in the light of the other activities to him by or under the law.


Article 25

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The Advisory Division may be divided into sections and may be able to carry out certain tasks to committees from among its members.

Chapter 4. The Section-law

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Article 26

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  • 1 The Council has a section of the Court of Justice.

  • 2 The Section of the Court of Justice is composed of the members and the special members appointed in the Section-Jurisprudence.


Article 27

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  • 1 By royal decree, a President of the Section of the Court of Justice, acting on a proposal from our Minister, is appointed from the members of the Section of the Court. Before the appointment, the Council shall hear a recommendation, the Section of Case-law shall be heard.

  • 2 The term of office shall be the same for the period in which the person concerned as a member of the Council has been appointed. It may be withdrawn only at the request of the President and shall lapse in the event of resignation as a member of the Council.

  • 3 The President shall arrange for the proceedings of the Section of the Court of Justice.


Article 28

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The Section of the Court of Justice is responsible for the case law which has been entrusted to it by the Law.


Article 29

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  • 1 The Section of the Court of Justice is and is occupied by a proposal of the chairman of the appeal committees.

  • 2 The composition shall be made in accordance with the requirements laid down by the laws and regulations.

  • 3 A member of the Section of the Court of Justice, which has been involved in the drafting of an opinion of the Council, does not take part in the proceedings of a dispute on a legal question to which that opinion relates.


Article 30

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It shall be prohibited to the members of the Section-law and to the staff employed for the purposes of this Section:

  • (a) which they have known as such have been made known beyond the performance of their duties;

  • b. to reveal the feelings expressed in a hearing room; and

  • (c) a case before them or a case which they know or may reasonably suspect are to be brought before them, in any particular way, to contact parties, agents or the person assisting a party.


Article 31

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  • 1 At the request of one of the parties, any of the members of the Appeals Board dealing with the appeal or the Chairman dealing with a request for suspension may be affected on the basis of facts and circumstances making the application of the appeal to the Court of Appeal of the impartiality damage.

  • (2) Where a request for a objection is made, the examination of the appeal or the examination of the request for suspension shall be suspended. If the request for the objection is made at the hearing, it shall be made out of the traded record stating the reason for the objection.

  • The member whose objection has been requested may rest in the wrecking.

  • 4 The objection request shall be handled by an objection chamber in which the member whose objection is requested does not have a seat.

  • 5 The applicant and the member whose objection has been requested shall be given the opportunity to be heard or to submit their observations in writing. The objection room may, of its own motion or at the request of the applicant or of the member whose objection has been requested, provide that they are not heard in each other's presence.

  • 6 After deciding upon the request, the wreckage room may continue the treatment of the appeal.

  • 7 A subsequent request for objection in the same professional matter of the same member of the Appeals Board shall not be considered unless facts or circumstances are proposed which have become known to the applicant only after the previous request.

  • 8 In case of abuse, it may be determined that a subsequent request is not taken into consideration. This shall be notified in the decision.

  • 9 No appeal shall be open to the decision.


Article 32

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  • 1 The Section of the Court of Justice establishes a system for the treatment of complaints.

  • 2 Complaints are not possible in respect of any conduct complained of by a statutory provision which is open to or has been open, or has been open to a judicial authority, or has been open to a judicial authority decision taken in such a proceeding. Complaints cannot be made for a judicial decision either.

  • 3 The arrangements provided for in paragraph 1 shall be published on the Council's website.

Chapter 5. Cassation in the interests of the law

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Article 33

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  • 1 The Attorney General of the High Court may, in the interests of the law, set up cassation against the judgments of the Section of the Court of Justice. In that case, he shall act accordingly. Article 456, first paragraph, of the Code of Criminal Procedure The Council shall, on the understanding that the documents of the proceedings are to be sent to the Council. The Articles 443 , 444 and 456, third member, of the Code of Criminal Procedure shall apply mutatis mutandis.

Chapter 6. Amendment of other laws

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Article 34

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Penitentiary Principles Act.]

Article 35

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Principles Act, which was provided for consultation.]

Article 36

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Modified the Principles Law Judicial Youth Directions.]

Article 37

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Chapter 7. Transitional and final provisions

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Article 38

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Article 39

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  • 1 Those who are members of the Council at the time of entry into force of this Act shall remain members of the Council for the remaining period of their appointment. Article 4 continues to be out of application if necessary. They are members of the Advisory Section and the Case Section, unless otherwise provided by Royal Decree, without prejudice to the second sentence of Article 5, second paragraph .

  • 2 As long as the Council has more members than foreseen in Article 4 where a vacancy arises, may, by way of derogation from that Article, be appointed as new members or reappointed members, if a balanced composition of the Council, or Article 6, second paragraph , this requires, provided that the number of members does not become greater than for the emergence of the vacancy. Members of the Council who, at the time of the entry into force of this Act, are part of the Board of the Council may be re-appointed after the expiry of their term of office and by way of derogation from Article 4, provided that the number of members is does not exceed the time of the reappointment of the board member.

  • 3 Deputy members appointed before the entry into force of this Act are entrusted as an extraordinary member with the task or tasks entrusted to them on the day before the date of entry into force of this Act, unless at the time of royal decree decide otherwise, without prejudice to the second sentence of Article 5, second paragraph .


Article 40

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The Institution Law Council for Criminal Law Application and Youth Protection shall be withdrawn.


Article 41

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This law is cited as: Establishing Law Council for Criminal Application and Youth Protection, indicating the annual number of the Official Gazette in which it is placed.


Article 42

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This Law shall enter into force on a date to be determined by Royal Decree which may be adopted in a different way for the various chapters, articles or parts of such chapters.

Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.

Entry

Wassenaar, 1 April 2015

William-Alexander

The Secretary of State for Security and Justice,

K.H.D.M. Dijkhoff

Issued the 10th of April 2015

The Minister for Security and Justice,

G.A. van der Steur