Key Benefits:
Law of 28 March 1963 laying down the rates of court costs in criminal matters, of which the ordinary judge takes note
We JULIANA, 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 into consideration the desireation of the Law of 8 April 1874, Stb. 66, to replace the charges on court charges in criminal matters, of which the ordinary judge takes note;
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:
1 In accordance with the provisions of this Act, allowances shall be granted for activities, time-out and related costs, including necessary expenses, and travel and subsistence expenses incurred in so far as they are derived from: a request or a request from the judicial authorities for the purposes of:
(a) criminal cases, including cases of offences which the civil court takes note of;
b. cases in which the prosecutor acts in implementation of the law and of which the civil court takes note of it.
2 Subject to paragraph 3, the fees shall be borne by the State's treasury, in so far as special laws have not been specified otherwise.
3 Where a request or order referred to in paragraph 1 has been made or issued at the request of the accused or re-established, and where an application or order of the same effect has been made or given without the judicial intervention by the suspicious or the revised, shall be charged, in accordance with the provisions of this Act and under this law. Where these fees are granted to investigators pursuant to a request or ordered to make a statement in a case in which they have acted as such, these fees shall be borne by the State's treasury.
4 If, at the request of the accused or not at the request of the defendant, the order for the summoning and assistance of an interpreter or translator has been given or the assistance of an interpreter has been granted on the basis of Article 28, third paragraph, Code of Criminal Procedure , these fees shall also be borne by the State's treasury.
To incur exceptional, non-foreseeable costs incurred by the State in respect of and under this Law of the costs incurred in the case of the Article 1 It shall be required to have an authorisation from the Advocate-General of the Board of Justice and, in cases before the High Court, of the Attorney General of the High Court. Such authorisation is not required in the cases of the Articles 151 , 192 , 202 , 212 , 318 , 398 in conjunction with 318 and 415 in conjunction with 318 of the Code of Criminal Procedure .
1 In the case of a general measure of management, we shall set the rates for fees for:
a. Work pursuant to requests and contracts as referred to in Article 1, first and third paragraphs ;
b. Time-of-time absence pursuant to requests and assignments as referred to Article 1, first and third paragraphs , from whom work has been assigned, from witnesses, to guardians who are responsible for a criminal case against a minor under their authority under the law of the Code of Criminal Procedure must be called and-in case of application of Article 509 Ed Of the Code of Curators and of the necessary conductors of these persons and of suspects and defendants, and of the necessary costs relating to the time of absence.
2 No fee shall be granted for work:
a. which are part of a task for which there is a service to the State;
b. performed by officials of the police in service time.
3 No fee shall be granted for lack of time:
a. For the time spent in work as intended in Article 1, first and third paragraphs ;
b. of persons deprived of their freedom of law;
c. of persons in paid employment service and of military personnel in actual service, to the extent that the time-failure is in service;
d. of officials of police, in so far as the time of absence of time is in service;
e. of investigating officers, not belonging to the sub- C and Ed in so far as the time-to-omission is the result of a request or order made not at the request of the accused or defendant, in a case in which it has acted as such.
4 Our Minister of Justice may set out further arrangements.
1 Where the authority, which ordered the work, makes a request for that purpose, the municipality where the work is to be carried out shall make available a location for that purpose.
2 A fee is paid to the municipality in accordance with the rules to be drawn up by us on a general measure of administration.
3 Our Minister of Justice may set out further arrangements.
For tools and tools used in the work assigned, no fee shall be granted unless the nature of the work makes the tools and tools unsuitable for further use.
1 We propose, by general measure of administration, tariffs for travel and subsistence expenses, committed to the in Article 3 (1) , sub B , said persons. Unnecessary travel and subsistence expenses shall not be reimbursed.
2 Our Minister of Justice may set out further arrangements.
1 Where the use of a particular means of transport is necessary for reasons of age, illness or defects, the cost thereof shall be reimbursed in accordance with the rules to be laid down by us on a general measure of management.
2 Our Minister of Justice may set out further arrangements.
1 Allowances for the time of time of absence, related necessary costs and travel and subsistence expenses shall be awarded forthwith by the Registrar of the Court of First Instance, which is competent to judge the case or from the court, for which the case is to be taken. or has served.
2 The person concerned may lodge a written objection to the Registrar's decision before the court's provision of supply and, in the case of the High Court, to the President of the High Court.
1 Allowances for activities shall be declared in writing.
2 When the order has been given by the judiciary, the declaration shall be submitted to the approval of the authority, which has given the order to the proceedings. In the event of a rejection or approval of only part of the declared amount, the reasons therefor shall be indicated in the declaration and communicated to the declarant immediately.
3 When the order has been given by the accused or the revised statement, the declaration shall be subjected, if necessary, to the approval of the Registrar. In the event of a rejection or approval of only a part of the amount declared, the reason for the declaration shall be entered in the declaration. The order shall be communicated to the contraaor and to the contraaing authority forthwith.
4 The party concerned may raise objections to the decisions referred to in paragraphs 2 and 3. If the order is taken by the court or tribunal judge or the judge-commissioner, the objection shall be decided by the court's security judge. If the decision is taken by the court or tribunal in question, the objection shall be decided by the hearing officer of the court in question. If the decision is taken by the Public Prosecutor's Office or by the Registrar, the objection shall be decided by the jurisdiction of the court or, in the case of the High Court, by the President of the High Court.
The objection referred to in Article 8 and 9 , may only be submitted in writing within 14 days of the date of the award or dispatch of the decision, against which an objection is lodged.
If, in his statement of objection, the applicant wishes to be heard, he shall be called upon to do so.
2 If the objection is directed against a decision of the Ministry of Public Prosecutor, this shall be given the opportunity to be heard.
No appeal shall be opened against the decision on the notice of objection.
Our Minister of Justice may lay down detailed rules on the method of granting fees, declaring them, approving declarations and lodging objections.
The Registrar of the Court of First Instance shall, after the decision granting or approving the declaration has become irrevocable, be paid by the Registrar of the Court of First Instance, having jurisdiction to judge the case or of the court for which it is responsible. the case must be or has been served.
Any fees payable by the accused or the revised statement after the decision granting or approving the declaration has become final shall be paid by the accused. The decision to grant the allowance and the decision to approve the declaration and decisions taken against those decisions shall be enforceable in the course of the minute, in accordance with the provisions of the Decision. Law of Civil Procedure .
1 The Suspect or the Gerekillustrated can be the Article 14 Registrar ' s requests, allowances referred to in the Article 15 by way of advance payment to the right-holders. The request, which must be made in writing, may be lodged within 14 days of the decision rendered irrevocably by the decision granting the fee or the decision approving the declaration. The Registrar shall decide as soon as possible.
2 The advance must be repaid within three months of the end of the case. Where the repayment obligation does not comply with the prescribed period, recovery shall be made under a warrant to be issued by the Registrar. Article 30 of the Registry on Civil Matters shall apply mutatis mutandis.
3 In criminal matters, after the end of the case, a request, made pursuant to paragraph 1, shall be deemed to be a request as referred to in paragraph 1. Article 591, second paragraph, of the Code of Criminal Procedure It shall be submitted by the Registrar as soon as possible to the court provided for in that Article. The compensation granted on the basis of that request shall be offset against the advance payment granted.
4 In cases, as intended Article 1 (1) , sub B Within three months of the end of the case, the former or his heirs may submit a request for an exemption from the obligation to repay the advance to the court of first instance, in the case of the court of first instance, in which the has served or otherwise served the last time at the end of its termination. The request shall be decided by the facility judge or by the cantonal court. The exemption requested shall be granted in so far as the use of the costs has served the interests of the investigation or has become useless by the revocation of an application or a remedy by the Office of the Public Prosecutor.
5 Our Minister of Justice may set out further arrangements.
1 In the case of or under general measure of directors are charged with respect to the fees, by the accused, the former suspect, the revised, the pointed out, third parties-interested parties or other third parties due for copies of, extracts from, and inspection of judgments, judgments, registers or other documents permitted, and for information purposes, of the kind contained in the judgment Article 1 (1) , as well as with regard to the free delivery of copies of such copies, extracts or information.
2 No right shall be levied on public colleges and public officials who require copies, extracts, extracts or information in the interests of the performance of the service, or in cases where, in the case of special laws, free issue of the service is required. of copies of or extracts, or provision of information, is required.
In the case of a general measure of administration, we set rates for the release of exploitions under special laws.
For cases, intended in Article 1 (1) (b) of this law, to cases bound and filed pursuant to any article of this Law and of the Code of Criminal Procedure In addition to cases which have not been imposed on the basis of a provision of civil Registry on State-based coercive measures without a court order in connection with the failure to comply with a legal order or prohibition, no decision shall be taken to Registry payable as referred to in Article 3 of the Registry on Civil Matters .
The Law of 18 April 1874 ( Stb. 66), to determine the rates of court costs in criminal matters, which shall be notified to the courts of the ordinary courts.
This law may be cited as Law Rates in Criminal Matters.
[ Red: Contains changes to other regulations.]
[ Red: Contains changes to other regulations.]
[ Red: Contains changes to other regulations.]
[ Red: Contains changes to other regulations.]
[ Red: Contains changes to other regulations.]
[ Red: Contains changes to other regulations.]
[ Red: Contains changes to other regulations.]
In cases, as intended Article 1 (1) , pending the date of entry into force of this Law, the application shall be applied to and pursuant to this Law as from that day, except that for work carried out after the date of entry into force of this Law, the Commission shall, before the date of entry into force of this Law, be time-of-time absence, including necessary costs, which after that day and travel and subsistence expenses incurred after that day, made pursuant to a request or commissioned and issued before that day, shall also be granted in accordance with, and pursuant to, this Act.
This law will enter into force on a date to be determined by Us. We reserve for a different time to be set for different parts of the law.
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.
Given at Paleize Soestdijk, 28 March 1963
JULIANA.
The Minister of Justice,
A. C. W. BEERMAN.
Issued the seventh of May 1963.The Minister of Justice,
A. C. W. BEERMAN.
