Key Benefits:
Law of 13 May 1948, to the removal of the Special Courts, the Special Council of Cassation and the tribunals
We WILHELMINA, 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 considered that it would be desirable to bring about the trial of political offenders and the imposition of special measures under the Treaty. Tribunals Decision to transfer the organs of the ordinary judiciary as soon as possible by the special courts, the Special Council of Cassation and the tribunals and the courts of the ordinary courts to proceed to the institutions of the ordinary courts of justice. judicial power, and any other provisions related to the special judicial system;
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:
A special court of justice is being removed-the President of this is heard-on a time to be determined by Our Court.
If a special Court of Justice has been removed, the Arrondissements-Courts shall, within its former jurisdiction, take note of the crimes in question. Decision Extraordinary Criminal Law is applicable.
To deal with exclusion and to rule on the crimes to which it is subject: Decision Extraordinary Criminal Law apply, form and occupy the boards of courts one or more special penalty chambers.
The special penalty chambers shall consist of three Judges.
We reserve the appointment of more vice presidents, judges, substitute officers of the judiciary and substitute clerks for the establishment of special criminal chambers than is permitted under the Law of 18 December 1947 ( State Sheet no. H 430).
The same person may be employed in more than one district court as a member of a special criminal chamber.
1 The cases pending at the time of the removal of a special court in that court-including the cases in which an order is referred to: Article 14 A of the Code of Criminal Law The President of the Court of Justice, by arranging for the President of the Court of Justice, or-has been appointed by the President of the Court of Justice, or-has been appointed by the President of the Court of Justice, or-has not been given a position at the time of termination-by the Minister of Justice to designate arrondissements-Courts within the jurisdiction of the Court. By way of derogation from the rules in force concerning the relative jurisdiction, each of the designated courts shall have the power to take note of the case brought to it.
2 In the cases, in which the law instructs a task to the special court, which has delivered a sentence, the court will take the district court on the spot, where the chamber of the court, which has the sentence, is to be removed from the court. It is important to hold a plaid.
3 The movement of the documents of the parquettes and the Registry shall be settled by the Minister of Justice.
On the court of justice in cases where the provisions of the Decision Extraordinary Criminal Law apply and of which the arrondissements-Courts are aware, the Articles 3 , 6 , 11 , 14 , 15 , 20 , 26 , 29, second paragraph , 31 , 33 , 35 , 43 , 44 and 46-48 of the Ordinary Extraordinary Justionalprocedure applicable mutatis mutandis.
1 A beplage, as intended in Article 12, first paragraph, of the Code of Criminal Procedure in the case of a criminal offence, the proceedings of which, after the removal of a special court of justice, would have been the subject of proceedings in a district court, may be made to the Special Council of Cassation and after the removal of that Council by the Supreme Council of the Netherlands.
2 Article 5, third paragraph, of the Decision Extraordinary Justionalprocedure shall apply mutatis mutandis.
Provisional detention may be carried out as custody, ordered or renewed under the Decision of political delinquencies in 1945 .
Against the decisions of the Arrondissements-Courts in cases, to which the provisions of the Decision Extraordinary Criminal Law does not apply, does not open a higher appeal.
1 Until the end of the removal of the Special Council of Cassation, proceedings shall be lodged against judgments and decisions of the district courts in cases where the provisions of the Court of Cassation are Decision Extraordinary Criminal Law apply, dealt with by the Special Council of Cassation.
2 Article 16, first paragraph, of the Decision to the Special Court of Justice , as well as the Article 10, first paragraph, second sentence , and 36-39 of the Ordinary Extraordinary Justionalprocedure shall be applicable mutatis mutandis.
1 Until the end of the removal of the Special Council of Cassation, revision of the judgments of the administrative courts in matters of affairs which have been res judiced, to which the provisions of the Court of Cassation are reviewed. Decision Extraordinary Criminal Law apply, dealt with by the Special Council of Cassation.
2 The Articles 40 and 41 of the Ordinary Extraordinary Justionallay shall be applicable mutatis mutandis. By way of derogation from the provisions of Article 461, first paragraph, of the Code of Criminal Procedure is done both in the there and also in it in Article 465, second paragraph , of that code, the reference either to a special court or to a district court within the jurisdiction of a special court of law which has been abolished.
The Special Council of Cassation shall be dissolved, after hearing the President of the Council and the President of the Hoge Raad der Nederlanden, on a time to be determined by Our Council.
1 The jurisdiction of the Special Council of Cassation shall, with effect from the date provided for in the preceding article, enter into force on the Hoge Raad der Nederlanden.
2 Article 16, first paragraph, of the Decision to the Special Court of Justice , the Articles 36 to 41 of the Extraordinary Legal Act Decision and Article 12, second paragraph, second sentence , this Act shall apply mutatis mutandis.
1 The cases pending before the Court of Cassation at the time of the removal of the Special Council of Cassation-including cases in which an order referred to in Article 14 A of the Code of Criminal Law , was given-to be settled in the manner, by the Minister of Justice, to the High Court.
2 In cases where the Law has a duty to be paid to the Special Board of Cassation after a judgment has been delivered, the Council shall replace the High Court.
3 The transfer of documents from the office and from the Registry shall be settled by the Minister of Justice.
1 The tribunals shall be abolished as from 1 June 1948.
2 The members of the tribunals, appointed by us until the end of the calendar year 1948, shall be deemed to have been appointed until 1 June 1948.
1 The jurisdiction of the tribunals shall, as of the date specified in the preceding article, enter the cantonal courts.
2 For each of the districts, one or more of the cantoncourts for each district are appointed to decide on the imposition of the measures referred to in the first title of the Tribunal.
3 We reserve the appointment of more substitute Registrars in the courts than is permitted under the Law of 18 December 1947 ( State Sheet no. H 430).
4 The decision on the imposition of the measures referred to in the first title of the Tribunal shall be made only by the cantoncourts or the cantonal courts of the Netherlands, by designating us.
1 The cases pending before 1 January 1948-including cases in which the request for execution has not yet been granted, and which, in which an order, as referred to in Article 1 (2), is Article 3 A of the Tribunaldecision , was given -- to be settled in the manner, by the Minister of Justice, at a cantonal court to be issued by the attorney tax, which is Article 17, second paragraph , to the knowledge of tribunals, jurisdiction.
2 The documents relating to cases, which have not yet been taken into consideration on 1 January 1948, shall be returned to the public prosecutor's tax.
3 The transfer of the documents from the tribunals shall be settled by the Minister of Justice.
For the purposes of the application of the Tribunals Decision take place instead of:
a. The Tribunal: the cantonal court;
b. the Secretary, the Deputy Secretary or the Acting Secretary of the Tribunal: the Registrar, the Deputy Registrar or the Acting Registrar at the Court.
In the area in which the jurisdiction of a special court has been passed on the courts, after the granting of a request to the courts, the D.A. can hand over the declaration to the case relating to the subject matter of an article under which the judgment was given. Article 17, second paragraph -to the knowledge of tribunals competent cantonjudge within the jurisdiction of the court of jurisdiction, where he is placed.
1 From the day on which jurisdiction of a special court has been transferred to the district courts in any area, in that area, in the case of conduct, it may be mentioned in that area. Article 1 of the Tribunaldecision , an order of remand custody shall be given by the D.A. or the auxiliary officer on an order for an arrest and enforcement of the officer's claim.
2 The Articles 57-69 , 73 , 77-86 , 88-90 , 92 and 93 of the Code of Criminal Procedure shall be applicable mutatis mutandis, except that the provisions of such articles concerning the Judge-Commissioner, the Court of Justice and the Court of Justice shall apply to the courts of the Member State concerned. Article 17, second paragraph , to the knowledge of tribunals competent cantonjudge within the jurisdiction of the court, where the officer is placed. Article 9 shall apply mutatis mutandis.
3 A claim by the District Attorney to grant or renew an order to remain in custody shall be deemed to be the granting of a request for the payment of a request for the payment of a request of the
The powers of the High Authority, referred to in the Royal Decree of 23 December 1944, are to be decided by the Commission as of a date to be determined. State Sheet no. E 153), amending for the period of time a temporary amendment to Tribunals Decision , on the President of the Court of Justice, within whose jurisdiction the tribunal or the cantonal court, which has delivered its ruling, is established.
From a time to be determined by Our Member State, the special measure of internment, in accordance with the rules of the Minister of Justice and instructions, may be implemented as a prison sentence, in a RijksWorkfacility.
1 In the area in which the jurisdiction of a special court has been passed on the arrondissements-Courts, the Articles 12-22 of the Decision of political delinquencies of 1945 , except as provided in paragraph 2, out of operation.
2 An order for detention, issued or renewed under the Decision of political delinquencies in 1945 , shall he lose his strength three months after the day of the transfer of the jurisdiction. This order is used for the application of Article 67, second paragraph, of the Code of Criminal Procedure and for the corresponding application of that Article Article 21, second paragraph , of this law considered as an order for imprisonment, intended to Article 66 of the Code of Criminal Procedure .
3 With regard to persons, who are on the day of the transfer of the jurisdiction under the Decision of political delinquencies in 1945 are stored in storage Article 77 of the Code of Criminal Procedure no application nor corresponding application under Article 21, second paragraph -From this law.
In the area, in which the jurisdiction of a special court has passed on the courts, steps for the application of the Divisions III , VII and VIII of the Decision of political delinquencies of 1945 According to the rules to be determined by the Minister of Justice, the prosecutors are acting in lieu of attorney tax and acts for the application of Article 32 of that decision shall be taken by the court in office of the Court of Justice in the place of the President of the Special Court of Justice or of a Judge of the Council of the Court of Justice.
In the area in which the jurisdiction of a special court has been transferred to the district courts for the application of the second paragraph of Article 10 and the second paragraph of Article 11 of the Enemy Power of the Prosecutor of the State of Justice of the European Union, in the place of the prosecutor ' s fiscal.
For the application of Article 15 of the Code of Criminal Law shall be charged with respect to persons sentenced to imprisonment for the offence of a crime, to which the Decision Extraordinary Criminal Law applies, under the actual time of sentence, the time spent in detention or provisional detention, as to which it is determined that he will be deducted in the execution of the sentenced jail term.
The Minister of Justice shall be empowered to lay down detailed rules for the implementation of this Law.
1 This law may be cited as "Transition Special Law Transition".
2 She shall enter into force with effect from the day following that harer proclamation.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Issued at Paleize de Loo, 13 May 1948
WILHELMINA.
The Minister of Justice,
J. H. VAN MAARSEVEEN.
Issued the 18th of May 1948.The Minister of Justice,
J. H. VAN MAARSEVEEN.
