Law of July 7, 2006 amending the Code of Criminal Procedure, the Code of Criminal Procedure and any other laws in connection with the extrajudicial settlement of criminal offences (D.A.-dejudgment Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to amend the legal framework for the extrajudicial settlement of criminal cases and to increase the possibilities of judicial redress;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
In criminal cases in which for the entry into force of Article II (O) to (R) , Article III , Article IV and Article VI of this Law, conditions for the prevention of criminal proceedings have been imposed in accordance with Articles 74 and 74c of the Code of Criminal Law , the Articles 36 and 37 of the Law on Economic Crimes , Article 76 of the General Law on State Taxation or Article 85 of the Watery Act , the articles that are modified or expired by this law continue to apply as they set out for the entry into force of the relevant part of this law.
Article 3.14, first paragraph, part (e) of the Income Tax Act 2001 and Article 15b, first paragraph, part o, of the Law on payroll 1964 As they prepared for the entry into force of the Articles VIII and IX of this Law shall continue to apply in cases where fees have been granted in respect of the fulfilment of the conditions laid down for the prevention of criminal prosecution in the Netherlands.
In cases where the law provides that a governing body does not impose administrative penalty if the same fact is void of the right to criminal proceedings due to the conditions laid down by a statutory provision in order to ensure that the administrative penalty has not been respected. In addition, the administrative penalty shall not be imposed on that administrative authority if a criminal decision has been issued in respect of that fact.
Within five years of the entry into force of this law, our Minister of Justice shall send to the States General a report on the effectiveness and effects of this law in practice.
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 articles or parts of such articles.
This law is cited as: Law of OM-of-a-Law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 7 July 2006
The Minister of Justice,
J. P. H. DonnerIssued the eighteenth of July 2006
The Minister of Justice,
J. P. H. Donner