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Public Ministries of Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba Public Ministries

Original Language Title: Rijkswet openbare ministeries van Curaçao, van Sint Maarten en van Bonaire, Sint Eustatius en Saba

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Rijkswet of 7 July 2010 regulating the establishment, organisation and management of the public ministries of Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba and the cooperation between them (State law and public ministries of the Netherlands) Curaçao, from Sint Maarten and from Bonaire, Sint Eustatius and Saba)

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 considered that the governments of the Netherlands and the Netherlands Antilles and the administrative forces of Curaçao and Sint Maarten want to work together within the Kingdom through the establishment, organisation and management of the public sector. The ministries of Curaçao, of Sint Maarten and of Bonaire, St. Eustatius and Saba, and the mutual cooperation between these public ministries to be regulated by a state law on the basis of Article 38, second paragraph, of the Staff Regulations of the Kingdom of and that the governments of the Netherlands and the Netherlands Antilles and the administrative courts of Curaçao and Sint Maarten agree to the content of this scheme;

It is true that we, the Council of State of the Kingdom, and with the common accord of the States-General, have taken into account the provisions of the Statute for the Kingdom, have been deemed to have been approved and understood to be the same as This:

Chapter 1. General provisions

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Article 1

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

  • a. General measure of government administration: general measure of public administration within the meaning of Article 38, second paragraph, of the Statute for the Kingdom of the Netherlands ;

  • b. Countries: Curaçao, Sint Maarten and the Netherlands as far as Bonaire, Sint Eustatius and Saba are concerned;

  • c. Court of First Instance: Court of First Instance of Curaçao, First Instance of Saint Martin or the Court of First Instance of Bonaire, Sint Eustatius and Saba;

  • ed. Court: Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and Bonaire, Sint Eustatius and Saba;

  • e. High Council: Supreme Council of the Netherlands;

  • f. Our Minister: Our Minister of Justice of Curaçao, Our Minister of Justice of St. Maarten or our Minister of Justice of the Netherlands depend on the country in the process;

  • g. Our Ministers: Our Minister of Justice of Curaçao, Our Minister of Justice of St. Maarten and Our Minister of Justice of the Netherlands jointly;

  • h. Staff Regulations: Statute for the Kingdom of the Netherlands.

Chapter 2. The Establishment of the Public Ministries

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§ 1. General provisions

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Article 2

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  • 1 The public ministry of each of the countries consists of:

    • a. The parquet of the Attorney General and

    • b. The parquet at first instance.

  • 2 To the head of the public ministries of the countries is a joint prosecutor general.


§ 2. The parquet of the Attorney General

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Article 3

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  • 1 The prosecutor's office is established in Curaçao. The Attorney General is holding office in every country.

  • 2 At the office of the Attorney General in Sint Maarten, an assistant designated for that purpose by the Attorney General of the Attorney General's office shall be the head of the office of the Attorney General.

  • 3 The Head of the Office shall support the Attorney General at least the following tasks in Sint Maarten:

    • a. the concern for the quality and administrative and organizational functioning of the State Department;

    • (b) preparation of the annual plan and the budget of the parquet at first instance and the monitoring of its implementation;

    • (c) the preparation and implementation of the policy programme for the fight against cross-border crime;

    • d. the supervision of a proper detection and prosecution of criminal offences.


Article 4

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  • 1 The Attorney General is standing at the head of the prosecutor ' s office.

  • 2 In the case of the Attorney General 's parquet, there are one or more other members of the prosecutor' s office in addition to the Attorney General, including at least a solicitor general.

  • 3 At the parquet of the Attorney General, other officials may be employed, who are not members of the public prosecutor ' s office.


Article 5

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  • 1 The public prosecutor of the Court shall be exercised by or on behalf of the Prosecutor General for the benefit of the countries.

  • 2 In the event of being prevented or absent, the Attorney General shall be replaced by the Attorney General. If the Advocate General is prevented or absent from it, the Attorney General may be replaced by a chief officer of the judiciary or his deputy appointed by the Attorney General, who shall then act as acting Attorney General. is acting.

  • 3 In the case of the absence of the Attorney General for a longer period of time, the replacement shall be replaced by a royal decree. The nomination of the replacement shall be made on a proposal from Our Ministers.

  • 4 The Attorney General may provide general and specific directions regarding the exercise of the duties and powers of the Public Prosecutor ' s Office.


Article 6

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  • 1 The Attorney General shall be empowered to appeal in criminal matters brought to trial by a Court of First Instance without prejudice to the powers of the Public Prosecutor under the terms of national law or order of appeal. -

  • 2 The Attorney General shall be responsible for the investigation and prosecution of criminal offences in respect of which the judgment at first instance is entrusted to the Common Court of Justice.

  • 3 The Attorney General shall ensure proper detection and prosecution of criminal offences.

  • 4 The Attorney General may also carry out other tasks assigned to him by a national regulation or by law.


§ 3. The parquet at first instance

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Article 7

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  • 1 The head of the prosecutor's office at the Court of First Instance is a head office of justice, appointed as head of the public prosecutor's office at first instance. The chief officers of the judiciary shall be subordinate to the Prosecutor General in their office.

  • 2 In the case of the public prosecutor's office, prosecutors, deputy prosecutors and other civil servants may be employed in addition to the chief officer of the judicial authority. In the performance of their duties, the Chief Prosecutor, the prosecutors, deputy prosecutors and deputy prosecutors shall all be equally members of the Ministry of Public Prosecute.

  • 3 The prosecutors, the deputy prosecutors and deputy prosecutors are subordinate in their office to the head of the prosecutor's office, where they are placed. The Chief Officer may give general and special instructions to the members of the Public Prosecutor's office in order to exercise their functions and powers.

  • 4 When prevented or absent from the Chief Prosecutor, his function shall be observed by another member of the relevant parquet.

  • 5 The establishment and organization of the public prosecutor's office may, by the way, be regulated by a national regulation or by law.


Article 8

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  • 1 Officers of justice are competent and employable in each of the countries. Our Ministers will make further arrangements in this respect.

  • 2 The arrangements are in any case related to:

    • a. The involvement of the Attorney General in the deployment of a prosecutor in a country other than the country of appointment;

    • b. mutual compensation of costs;

    • c. mutual disclosure of information;

    • d. evaluation of the arrangements.

Chapter 3. Only tasks and powers

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Article 9

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  • 1 The Public Prosecutor's Office shall be responsible for the enforcement of the law of the law and of other tasks laid down by a national law or a Member State.

  • 2 The public prosecutor shall be responsible in particular for:

    • (a) enforcement of statutory schemes;

    • b. the detection and prosecution of criminal offences;

    • (c) carry out judgments and orders in criminal matters;

    • d. the supervision of the observance of judicial decisions in disciplinary matters.


Article 10

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The duties and powers of the Public Prosecutor 's Office shall be exercised by the members of the Public Prosecutor' s Office, in accordance with the rules of national law or of law.


Article 11

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  • 1 The Attorney General is in charge of the care of the judicial police. It shall be responsible to the officials responsible for giving instructions to the police to prevent, detect and detect criminal offences in the interests of the proper judicial system.

  • 2 The Attorney General shall ensure that the task of the police is subject to the necessary rigour. He shall be empowered to submit to our Minister the proposals which will prevent him from doing so.


Article 12

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  • 1 When it appears to the Court that the prosecution of a criminal offence in one of the countries should be instituted or continued, the Attorney General shall be obliged to comply with an order from the Court to provide the information requested.

  • 2 The Attorney General shall be required, subject to the provisions of criminal proceedings of the country concerned, to prosecute or prosecute on the orders of the Court.


Article 13

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  • 1 Our Minister may give general directions to the Attorney General regarding the detection and prosecution of criminal offences in his country. A designation shall be given in writing and justified.

  • 2 If Our Minister intends to give the Attorney General a special indication of the investigation and prosecution of criminal offences in his country, he shall submit the proposed designation to the Court of Justice for the purpose of checking the law. The Court shall decide within one week at the request of our Minister. If the Court of Justice considers that the proposed designation is in accordance with the law, our Minister may give the indication.


Article 14

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The public ministries of the countries and of the Netherlands are obliged to act among themselves on requests for legal assistance. Our Ministers may make further arrangements in this respect.


Article 15

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  • 1 The public prosecutor ' s office is required to give notice and advice, when requested by or because of the government of the country concerned. A request for notice or advice shall be made to the Attorney General.

  • 2 The members of the Public Prosecutor ' s Office shall provide the Attorney General with the information he needs.

  • 3 If the case with which notice and advice has been sought, is subject to a judgment or is foreseeable that it will be effected, it is sufficient to give a simple message.

Chapter 4. Legal positional aspects

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Article 16

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  • 1 The Attorney General and the Advocate General shall be appointed, suspended and dismissed by Royal Decree.

  • 2 If the place of Attorney General or Advocate General is open, Our Ministers invite the Court and the Attorney General to jointly make a recommendation for appointment. The recommendation shall contain the names of a maximum of three candidates.

  • 3 The nomination for appointment shall be made on a proposal from Our Ministers. In so doing, they shall respect as far as possible the recommendation referred to in the second paragraph.

  • 4 If our Ministers intend to depart from the recommendation, they shall win the opinion of the Court and the Attorney General in this respect. The views of the Court and the Attorney General and of the recommendation shall be annexed to the proposal of Our Ministers. They are motivated by the reasons why they have departed from the recommendation.

  • 5 The Attorney General may appoint members of and other officials to the public prosecutor 's office of each of the countries to be employed at the Attorney General' s office.


Article 17

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  • 1 The Chief Officer of the Justice Department shall be appointed, suspended and dismissed by Royal Decree. The nomination shall be made on a proposal from Our Minister.

  • 2 If a place of chief prosecutor is open, the Prosecutor General shall, after hearing the Court, send a written recommendation containing the names of not more than three candidates to Our Minister.

  • 3 The other members of the prosecutor working at the court at first instance of Curaçao or Sint Maarten are hereby appointed, suspended and dismissed by the country's decision of the country concerned, on an appropriate recommendation from the State Department of the Prosecutor General.

  • 4 The remaining members of the Prosecutor's Office are appointed, suspended and dismissed by Royal Decree on an appropriate recommendation from the Prosecutor General, at the public prosecutor's office at the first instance of Bonaire, Saint Eustatius and Saba.

  • 5 In the case of, or pursuant to a national regulation or a law, detailed rules may be laid down regarding the appointment procedure of the other members of the public prosecutor's office at the public prosecutor's office at the court of first instance.


Article 18

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  • 1 To be appointed member of the Public Prosecutor's Office:

    • a. to whom on the basis of the results of a final examination of a training in scientific education in the field of the right by a university to be awarded by a general measure of the administration, the degree of Bachelor 's degree in law and also Master' s degree in the field of entitlement has been granted;

    • (b) who, on the basis of the results of a final examination of the right to a university in the field of the right to a university which is a general measure of public administration, has the right to master the title of the title obtained.

  • 2 In the case of a general measure of government administration, degrees may be assigned by a university or a college or equivalent certificates to be identical to those laid down in paragraph (a) for the application of paragraph 1 (a). That member's degree of degree Bachelor in the field of law.

  • 3 On a proposal from the Attorney General, deputy prosecutors may be appointed who do not comply with the requirements, referred to in the first and second paragraphs.

  • 4 The members of the public prosecutor ' s office must be Dutchman.

  • 5 The members of the public prosecutor ' s office may not be:

    • a. Governor;

    • b. Minister or State Secretary;

    • c. Queen of Queen of Deputed;

    • d. Member of the Representing Bodies of Curaçao or of Sint Maarten, Member of the States General or Member of an island council;

    • e. State representative, authoritative or island deputed;

    • f. Mayor or Alderman;

    • g. member of the Court of Justice or of the Management Board;

    • h. Member of the Law Enforcement Board;

    • i. member of the Advisory Council of Curaçao or Sint Maarten;

    • (j) Member of the Council of State of the Kingdom;

    • k. member of the General Court of Auditors of one of the countries;

    • (l) national or island ombudsman or substitute ombudsman;

    • m. solicitor or notaris or otherwise professional legal assistance provider;

    • n. Official at a Ministry or island of the country where the person concerned has been appointed as a member of the Ministry of Public Prosecution, including the institutions, services and businesses, including those who are responsible, except that part n shall not apply to Deputy Prosecutor General and Deputy Prosecutor of the judiciary.

  • 6 A member of the Public Prosecutor ' s Office shall notify the Attorney General of the relations which he carries out outside his office. Where possible, notification shall be made as soon as it is intended to enter into the relationship.

  • The Attorney General shall keep a register in which the relations referred to in the sixth paragraph are incorporated. The register shall be open to the prosecutor's office and the prosecutor's office at first instance where the person concerned is employed.


Article 19

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  • 1 Members of the Public Prosecutor ' s Office shall take the oath or promise in accordance with the form as established by the Ministry prior to the date of entry into service. Annex to this state law.

  • 2 The members of the Prosecutor ' s Office shall take the oath before the Governor of Curaçao, the Governor of Sint Maarten or the State Representative of Bonaire, Saint Eustatius and Saba, or at the same time as the Governor or the Governor of Curaçao. Elected official.


Article 19a

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A member of the Public Prosecutor's Office shall be required to keep the information available to him in the performance of his duties and to which he or she is of a confidential nature or reasonably suspect, except in so far as he/she is of the nature of his/her duties. (i) whether the obligation to communicate is compulsory or is a matter for the purpose of communication.


Article 19b

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  • 1 Spouses, blood relatives or relatives up to the third degree may not be members of the Public Prosecutor ' s Office at the same time.

  • 2 If members of the Public Prosecutor 's Office are hustling with each other, the juggling office will not be able to remain a member of the public prosecutor' s office.

  • 3 If the appointment arises after the appointment, the person who caused it shall not be able to retain his office, unless a waiver has been granted by the appointing authority.

  • 4 The relationship ceases to exist through dissolution of the marriage.

  • 5 The person who is unable to retain his duties under the second and third paragraphs shall resign.

  • 6 The Attorney General shall ensure that any of the relatives to whom an exemption is granted as referred to in the third paragraph are not charged with the treatment of the same case.


Article 20

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  • 1 A member of the Prosecutor's Office shall be suspended if:

    • (a) he is in custody;

    • b. he has been convicted of a criminal offence in a judgment which has not yet become irretrievable or has been a measure of deprivation of liberty in the case of such a judgment;

    • (c) he has been placed under receivership in a court order which has not yet become irretrievable, has been declared bankrupt, has received payment of payment, or is held hostage for the reasons of its debts.

  • 2 A member of the Public Prosecutor ' s Office may be suspended if:

  • 3 The suspension as referred to in the preceding paragraphs shall end after three months. The measure may be renewed for a maximum period of three months each time.

  • 4 The suspension shall be terminated as soon as the ground for this measure has expired.


Article 21

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  • 1 A member of the public prosecutor ' s office is dismissed:

    • a. upon request;

    • b. as from the first day of the month following that in which he reached the age of sixty-five years;

    • c. if he accepts a post or a post in office Article 18, fifth paragraph ;

    • d. in the event of the loss of the Nederlandership;

    • e. shown inadequacy for the function, other than due to illness or defects.

  • 2 In the cases referred to in paragraph 1 (a) and (b), the dismissal shall be paid honorably.

  • (3) In the case referred to in paragraph 1 (c), the dismissal may be awarded honorably.


Article 22

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  • 1 A member of the Public Prosecutor ' s Office may also be dismissed:

    • (a) if he has been convicted of a criminal offence by an irrevocable order, or has been subject to such a measure of deprivation of liberty in the event of such a judgment;

    • (b) if, on irrevocably, he has been declared under receivership under receivership, has been declared bankrupt in respect of the debt restructuring scheme, natural persons have been declared to be subject to payment of payment, payment of payment of a payment has been acquired or held hostage because of its debts;

    • c. if he is permanently unfit to perform his duties due to illness or defects;

    • d. for acts or omissions, which seriously harm the good conduct of business in the public prosecutor ' s office or to the trust to be placed in him.

  • In the case referred to in point (c) of paragraph 1, the dismissal shall be paid honorably.


Article 23

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Before a decision on the basis of the Article 20, second paragraph , 21, first paragraph, point (e) , and 22 the person concerned shall be given the opportunity to express his views orally or in writing.


Article 24

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If our Minister considers that a reason for dismissal of the Attorney General is proven to be unsuitability for his function other than for the purpose of sickness or defects, he may propose the suspension or dismissal, taking into account the applicable procedural rules shall be notified to the Council of Ministers of the Kingdom of Ministers for the entry into force of this.


Article 25

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  • 1 The Court of First Instance may appeal to the Court of First Instance by means of a judicial decision or action in which a member of the public prosecutor's office, as such, the relationship or the person concerned, is a member of the public prosecutor's office, or his or her legal or other person. Country where the person concerned resides. If the person concerned does not live in one of the countries, the Court of First Instance of Curaçao shall have jurisdiction.

  • 2 Against the judgment of the Court of First Instance, an interested party may appeal to the Court of Justice.

  • 3 No appeal may be lodged against a decision appointing or appointing an appointment, unless the appeal is brought by a member of the public prosecutor's office as such, his or her relations or his or her rights of law.

  • 4 The rules of procedural law for the treatment of civil service disputes in the country in which the appeal is treated shall apply mutatis mutandis to the treatment of the appeal and the appeal.

  • 5 A decision or an act referred to in this Article shall be deemed to have been deemed to be in possession of or to act.


Article 26

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The legal position of the members of the Public Prosecutor ' s Office is, by the way, regulated by or on the basis of a general measure of the State Administration. In doing so, detailed rules on suspension and dismissal may be laid down.


Article 27

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Other officials at the Attorney General ' s parquet as intended Article 4, third paragraph , are appointed by Our Minister of the country where the official will be primarily employed on a proposal by the Attorney General. Their legal status shall apply to the civil service regulations in force in that country.

Chapter 5. Management and finance

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Article 28

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The Attorney General is in charge of the management of the public ministries of the countries. In particular, the Attorney General shall ensure that:

  • a. the quality and the administrative and organizational working methods of the public ministries;

  • b. preparation of the budgets of the parquet at first instance and the parquet of the attorney general;

  • (c) to monitor the implementation of the budgets;

  • d. to be accountable to our Minister for the implementation of the budget of the Public Prosecutor ' s Office;

  • e. automation, administrative information provision, housing, security, human and material facilities at the public ministries.


Article 29

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  • 1 Our Ministers hold consultations annually before 15 April on the total of funds to be made available by the countries in the following year for the prosecutor general ' s office.

  • 2 The Attorney General shall send to our Ministers, in preparation for the consultations referred to in paragraph 1, an annual plan with a draft budget for the Prosecutor-General's office. The draft budget shall be accompanied by a multiannual estimate for at least four years of the following financial year. The annual plan shall contain a description of the intended activities, the objectives and performance arrangements of the parquet for the coming year.

  • 3 On the basis of the consultations provided for in paragraph 1, our Ministers shall, as soon as possible, establish the budget for the Prosecutor General's Office. Our Ministers shall adopt the annual plan by the beginning of the year to which the annual plan relates.

  • 4 The costs of the Attorney General's office shall be allocated to the countries on the basis of a distribution key to be determined by or on the basis of a general measure of public service.


Article 30

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  • 1 The Attorney General shall, by 1 April each year, draw up, in agreement with the relevant chief officer of the Justice Department, an annual plan with a draft budget for the first instance of the public prosecutor. The draft budget shall be accompanied by a multiannual estimate for at least four years of the following financial year. The annual plan shall contain a description of the intended activities, the objectives and performance arrangements of the parquet for the coming year.

  • 2 Our Minister, as soon as possible, sets out the budget of the parquet at first instance. Our Minister shall adopt the annual plan for 1 December of the year preceding the year to which the annual plan relates.

  • 3 The Attorney General shall monitor the implementation of the annual plan and shall consult each other on a regular basis at least four times a year in person with the chief officer of the country of employment of the main officer concerned.

  • 4 Each of the countries bears the cost of its parquet at first instance.


Article 31

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  • 1 The Attorney General shall submit an annual report to our Minister on an annual basis for the Prosecutor General's office by 1 April. The annual report shall be responsible for the activities, objectives and performance of performance. The annual report shall also include the annual accounts and the corresponding budget and other financial data.

  • 2 The Attorney General shall submit an annual report to our Minister on the implementation of the budget of the Parquet at first instance by 1 April each year. The second and third sentences of the first paragraph shall apply.

  • 3 The annual report of the prosecutor's office shall be accompanied by a statement of loyalty issued by an auditor appointed by the Attorney General in accordance with our Ministers.

  • 4 In the appointment of the auditor, the Attorney General shall tell our Minister, if requested, to give an insight into the audit work of the auditor.


Article 32

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Legal acts governed by private law arising from the management of the budget of the Attorney General's office and of the budgets of the parquettes at first instance shall be carried out by or on behalf of the Prosecutor General.

Chapter 6. Cooperation

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Article 33

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  • 1 Our Ministers shall consult each other on the identification and prosecution of cross-border crime and agree on at least the human and material commitment to the policies to combat cross-border crime.

  • 2 Cross-border crime means, in any event, terrorism, international drug trafficking, computer crime, international money laundering, international arms trade, international trafficking in human beings and international trade corruption.

  • 3 The arrangements provided for in paragraph 1 shall be determined by the Council of Ministers of the Kingdom, after agreement between Our Ministers.


Article 34

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  • 1 The Attorney General shall, on behalf of our Ministers, submit four-yearly proposals for a policy programme to combat cross-border crime.

  • 2 The policy programme shall be determined by the Council of Ministers of the Kingdom, after agreement between Our Ministers.

  • 3 The Attorney General may nominate the corporates for the purpose of the search and prosecution of cross-border crime officers of police, resources and facilities available in accordance with the arrangements agreed upon in the Council of the European Union. Ministers of the Kingdom have been made.

  • 4 Our Ministers may lay down rules on how data relating to cross-border crime are recorded, disposed of or are provided. The provision of information shall be carried out in compliance with the relevant legal requirements of the countries.

  • 5 The Attorney General shall be empowered to designate prosecutors in charge of the investigation and prosecution of cross-border crime.


Article 35

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  • 1 At the request of the Attorney General, civil servants of the State Department may support investigations into integrity violations and the detection of criminal offences.

  • 2 The Attorney General shall first make a request as referred to in paragraph 1 after consultation with Our Minister.

  • 3 The civil servants shall have the powers of police officers of the country concerned in the exercise of their duties in favour of the Attorney-General. The civil servants of the State Department who grant the assistance requested shall operate under the authority of the Prosecutor General.

  • 4 The Attorney General shall be empowered to request the proper administration of justice to be entrusted with the task of investigating officers of police officers with investigations into integrity violations and duties. The corps shall be obliged to cooperate in such research and to provide the appropriate officials with the necessary information.

  • 5 The investigation of integrity violations means investigation into criminal offences which may affect the integrity of the public authorities and are committed by natural or legal persons entrusted with a public service mission; or Involved in its implementation.


Article 36

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  • 1 Our Ministers and the Attorney General shall hold consultations at least once a year in which they agree on the search and follow-up policies of the countries.

  • 2 Our Ministers, in consultation with the Attorney General, annually reject the policy for the detection and prosecution in the countries of crimes that are serious, given the nature and frequency or the organized link in which they are committed. breach of the rule of law. The reconciliation results are recorded in writing.


Article 36a

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  • 1 The Attorney General shall conduct consultations on the detection and prosecution of cross-border crime and others at least twice a year, at least twice a year, appointed by the College of Prosecutors-General of the Netherlands. matters of common interest to law enforcement in the countries and in the European part of the Netherlands.

  • 2 The consultations also aim at making arrangements for mutual assistance and assistance.

  • 3 For the consultations, the Prosecutor General of Aruba is invited.


Article 37

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The Attorney General may issue a designation as intended. Article 13, first paragraph , within a period of two weeks after giving it to our Ministers, if the designation in its opinion concerns the joint policies of the countries.

Chapter 7. Transitional and final provisions

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Article 38

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  • 1 The appointment of the person who is the Attorney General of the Netherlands Antilles on the day preceding the entry into force of this Law of State shall be amended by law in an appointment to the Attorney General of the countries.

  • 2 The appointment of the person who is the Advocate General of the Ministry of the Netherlands Antilles on the day prior to the entry into force of this Law shall be amended by way of appointment as Advocate General of the Netherlands Antilles. parquet of the Prosecutor General.

  • 3 Officers of justice, deputy prosecutors and deputy prosecutors who are in service of the Netherlands Antilles on the day prior to the entry into force of this law shall be appointed as from the date of (b) The entry into force of this law in the same grade was appointed to the State Department of the country in which the place of employment of the person concerned on the day prior to the entry into force of this Act was situated.


Article 39

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Cases pending before the entry into force of this Law on the Law of the Public Prosecutor's Office of the Netherlands Antilles as well as legal proceedings and legal proceedings involving the Ministry of Public Prosecutions shall continue to be carried out by the Public Prosecutor 's Office of Curaçao, the public prosecutor' s office of St Maarten or the public prosecutor ' s office of Bonaire, Sint Eustatius or Saba. If necessary, the Attorney General shall decide which of these three public ministries shall proceed with the procedure or procedure.


Article 40

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Within five years of the entry into force of this State Law, our Ministers shall send to the representative bodies of Sint Maarten, Curaçao and the States-General an evaluation report on the effectiveness and effects of this state law in the the practice. Prior to the evaluation, the countries will jointly establish the criteria, themes and composition of the evaluation committee.


Article 41

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  • 2 Following the evaluation, Article 40 , this row of state law may be terminated by mutual agreement.


Article 42

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This Law of Law shall enter into force on a date to be determined by Royal Decree.


Article 43

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This state law is cited as: National Law Ministries of Curaçao, of Sint Maarten and of Bonaire, Sint Eustatius and Saba.

Liabilities and orders to be placed in the Official Gazette and in the Official Journal of the Netherlands Antilles and that all ministries, authorities, colleges and officials, who so concern, will keep their hands on the precise execution.

Entry

' s-Gravenhage, 7 July 2010

Beatrix

The Minister of Justice,

E. M. H. Hirsch Ballin

The Secretary of State for the Interior and Kingdom Relations,

A. Th. B. Assistance field-Schouten

Issued the first of September 2010

The Minister of Justice,

E. M. H. Hirsch Ballin


Annex referred to in Annex Article 19, first paragraph

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I swear/I pledge allegiance to the King and obedience to the legal arrangements.

I swear/I declare that I am neither medic nor immediately, under whatever name or pretext, to obtain my appointment to anyone, whoever he has given or promised, nor shall give or promise.

I swear/I promise never to take any gifts or gifts, however named, or receive any from any person from whom I know or suspect that he is or will be involved in any legal proceedings in which my office operations might be available. come.

So help me God Almighty! /I declare and promise!

On ................................., it was ...

For the purposes of .................................................................

The above oath/promise made.

The .................................................

1...........................................

2...........................................