Key Benefits:
Rijkswet of 14 June 1990, laying down new rules on military criminal justice
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 lay down new rules on the organisation of military criminal justice, as well as some of the provisions relating to the manner in which criminal proceedings are to be brought to the place;
It is true that we, the Council of State of the Kingdom, and with the mean consultations of the States-General, are the provisions of the Statute for the Kingdom in respect of which they have been observed, have been approved and understood to be the same as:
1 Both in this state law and in the Penal Code of the European Union Common expressions have the same meaning in both the same meaning, it being understood that the military does not include military personnel who are Governor, Minister, State Secretary, Member of the States of Aruba, Curaçao or Sint Maarten, or Member of the States-General. Article 61 of the Code of Military Criminal Law shall apply.
In this Law of the Law of the Law, the following definitions apply:
a. Code of Criminal Procedure: The Code of Criminal Procedure of the European part of the Netherlands;
b. Penal code: The Penal code of the European part of the Netherlands;
c. Joint Court of Justice: the Common Court of Justice of Aruba, Curaçao and Sint Maarten, and of Bonaire, Sint Eustatius and Saba;
ed. Dishes at first instance: the Court of First Instance of Aruba, the Court of First Instance of Curaçao, the Court of First Instance of St Martin and the Court of First Instance of Saint Martin and the Court of First Instance of Bonaire, Saint Eustatius and Saba.
3 Code of Criminal Procedure shall apply, unless it is derogated from in this State law.
1 Without prejudice to: Articles 10 and 17 and subject to exceptions to the law, the power of access to knowledge is the first instance of criminal offences committed by the military and by those who are involved in or under the law of the Dutch military in respect of such facts. are assimilated, to the court, named in Article 55 of the Law of the Judiciary .
2 Cases concerning criminal offences referred to in Article 382 of the Code of Criminal Procedure are dealt with and decided by the military court judge, intended in Article 49 of the Law of the Judiciary . The remaining cases are dealt with and decided by the military chambers referred to in Article 55 of the Law of the Judiciary .
3 In time of war, the second member shall not apply and take the military chambers intended Article 55 of the Law of the Judiciary Without prejudice to paragraph 1, first instance, knowledge of:
1 °. offences committed by military personnel, by those who are assimilated to or under the law of the Dutch military in respect of such facts, and by those who, within the Dutch military force, designate a Royal Decree Perform vital function;
2 °. offences committed by those who are part of the Netherlands armed forces outside the territory of the Kingdom;
3 °. Offences committed by persons referred to in Article 4 (A) of Article 4 of the Geneva Convention relating to the treatment of prisoners of war of 12 August 1949 ( Trb. 1951, No 74) in so far as those persons follow the Dutch armed forces outside the territory of the Kingdom;
4 °. offences carried out by anyone in the territory occupied by the Dutch armed forces, where knowledge of that offence is in accordance with the rules of international law.
4 The jurisdiction of the court referred to in paragraph 1 shall also extend to the criminal offences defined in the Law on economic crimes . By way of derogation from Article 38, second sentence, of the Law on Economic Crimes these matters are dealt with and decided by the military chambers, intended in Article 55 of the Law of the Judiciary .
5 Art. 45, 2nd paragraph, of the Law on Judicial Organization shall apply.
6 Under war as referred to in the third paragraph, ' an armed conflict which cannot be considered to be war and involving the Kingdom, either for individual or collective self-defence, or for the recovery of international peace and security.
1 The jurisdiction of the court, named in Article 55 of the Law of the Judiciary , is in relation to the in Article 2 the jurisdiction defined above, but does not extend to the jurisdiction of any other court designated by it or under that law, until the exercise of the jurisdiction of jurisdiction defined in Article 2.
2 The military chambers of the court, named in Article 55 of the Law of the Judiciary , can sit outside the court ' s seat seats.
1 The powers granted under the preceding Articles suffer from the exception in the case of participation in criminal offences of a person not under the jurisdiction of the Court of First Instance, in Article 2 described.
In that case, prosecution shall preferably take place before the courts in the Netherlands, to be informed of the facts established by the participant, unless:
a. It is a criminal offence in the Penal Code of the European Union , in which case Article 6 of the Code of Criminal Procedure does not apply;
(b) no prosecution shall be brought against the participants, any further prosecution shall be waived or adjudiated by the child judge.
1 The military members referred to in Article 55, second paragraph, of the Law on Judicial Organisation are appointed by Royal Decree on the proposal of Our Minister for Security and Justice, in agreement with our Minister of Defence.
2 To be appointed as a military member, one must be military and meet the at or under Article 5 of the Law on the legal position of judicial officers prescribed professional requirements and not belong to the Royal Marechaussee.
3 The military members shall be appointed for the period of four years. They shall be reappointed twice in the case of their resignage. The military member shall be dismissed on his own request by royal decree. If the military member no longer fulfils one of the requirements laid down in paragraph 2, it shall be dismissed as a military member by law.
4 On the military members are the Articles 4 , 46c to 46g , 46i with the exception of paragraph 1 (c), 46j , 46l , 46m , 46o and 46p of the Law on Civil Law applicable mutatis mutandis.
5 The military members shall enjoy reimbursement of travel and subsistence expenses according to general rules of the Government of the Netherlands.
6 In the case of the method of lodging, the costume of the military members and the methods of operation of the military chambers, it shall be governed by general measure of the Management Board.
1 The Military Chamber of the Court of Justice, named in Article 68 of the Law of the Judiciary , is empowered to appeal the relevant judgments of the court ' s military chambers named in the court of law. Article 55 of the Law of the Judiciary .
2 The military chamber of the court may sit outside the courtroom seats of the court.
1 The military members referred to in Article 68, second paragraph, of the Law on Judicial Organisation are appointed by our Minister of State for Security and Justice, in agreement with our Minister of Defence, by royal decree.
2 Until military member is appointed only a military one that meets the at or under Article 5 of the Law on the legal position of judicial officers conditions of appeal, which shall at least hold the rank of master at sea or colonel and who does not belong to the Royal Marechaussee.
3 The titular rank of Commander, Brigadier-General or commodore shall be assigned to the military with the rank of master at sea or colonel.
4 Article 6, third, fourth, fifth and sixth paragraphs , shall apply mutatis mutandis.
1 By royal decree, on a proposal from Our Ministers of Security and Justice and of Defence, in the area for which an emergency status has been declared, or for the trial outside the Kingdom one or more mobile courts shall be set.
2 By Royal Decree it may be stipulated that a military authority to be designated in the area for which an exception has been declared may establish one or more mobile courts.
3 Article 2 , with the exception of the second paragraph, shall apply mutatis mutandis to a mobile court.
4 If more than one mobile court is set up, the royal decree adopted pursuant to paragraphs 1 or 2 shall be governed by their mutual competence. The military chambers of the court, named in Article 55 of the Law of the Judiciary , preferably, take no notice of any fact of which a mobile court can also take notice.
5 As soon as the circumstances that led to the setting of a mobile court have ceased to exist, or are judged as appropriate, that mobile court shall be made by royal decree upon nomination of Our Ministers of Security and justice and defence. The Royal Decree also provides for the settlement of cases pending before that court.
1 A mobile court will sit and decide with three members, two of whom, including the chairman, court officials with jurisdiction as referred to in the Court of Justice. Article 1 (c) of the Law on Judicial Organisation and one military member.
2 If one or two judicial officers with jurisdiction, referred to in paragraph 1, are not available, their place shall be taken by military members. In case only one judicial officer with jurisdiction is in charge, the latter shall act as chairman. If no judicial officer with jurisdiction is not in charge, the court shall be chaired by the military member which is the oldest person in appointment as a military member.
3 To the military members referred to in the first and second paragraphs shall be Article 6, second, fourth, fifth and sixth paragraphs , by analogy, except that in the case of: Article 5 of the Law on the legal position of judicial officers the professional requirements of preference should be satisfied. Also the Article 7, third paragraph , 12 and 13 of the Law on the Judiciary applicable mutatis mutandis.
4 If a mobile court is established, by royal decree on a proposal from Our Minister of Security and Justice, in accordance with our Minister of Defence, the President and as many members shall be judged as appropriate. In case the Article 10, second paragraph If the military authority referred to it has brought the court, he shall appoint the President and as many members as it considers appropriate. He shall, if possible, consult the said ministers and the chairman of the mobile court on these appointments.
1 Once a mobile court actually acts, cases listed at the court ' s military chambers may be Article 55 of the Law of the Judiciary , are seised and belong to the jurisdiction of that mobile court, are transferred to them in the current state of their being.
2 Transfer of a case pending before a mobile court, to another mobile court or to the court ' s military chambers mentioned in court. Article 55 of the Law of the Judiciary , can take place in the stand, in which it is located at that time.
3 Implementation of this Article shall be carried out by the Public Prosecutor's Office.
1 In a mobile court the enforcement of the laws, with the prosecution of criminal offences and the conduct of the judgments in charge of the public prosecutor ' s office are in charge. The Article 2, third paragraph , 5 , and 5f of the Law on the legal position of the judicial authorities and Article 136, fifth paragraph, of the Law on the Judiciary shall be applied mutatis mutandis subject to the conditions set out in the Article 11 (4) -I'm on.
2 In the absence of members of the public prosecutor 's office, the observation of the task of the public prosecutor' s office may be entrusted to the military. The decision to that effect shall be taken by a royal decree on a proposal from Our Ministers for Security and Justice and Defence, or if such decision cannot be taken by the Chairman of the Court.
3 On the armed forces as referred to in the second paragraph, Article 6, fifth and sixth paragraph , by analogy, except that they must, preferably, meet the requirements of: Article 5 of the Law on the legal position of judicial officers Professional requirements. Also Article 13 of the Law of the Judiciary applicable mutatis mutandis.
1 In a mobile court, in the manner, in Article 11 (4) , with the following, court officials, judicial officers in training or judicial officers who carry out the work entrusted to or pursuant to the law to the Registrar.
2 In the absence of court officials, judicial officers in training or judicial officers, military personnel may be charged with the observation of the Registry duties. The decision shall be taken by royal decree upon the proposal of Our Ministers for Security and Justice and Defence, or, if such decision is not awaited, by the Chairman of the Mobile Court.
3 On the armed forces referred to in the second paragraph, the Articles 6, 5th and 6th paragraph of this Law on State Law , and 13 and 14, seventh member, of the Law on the Judiciary applicable mutatis mutandis. Also Article 1 of the Decree-swearing and reimbursement of non-engriffiers and acting Registrars applicable mutatis mutandis.
1 If the circumstances on the spot make this necessary, the chairman of the mobile court may set up one or more single rooms under the name of mobile police, however.
2 As a mobile police officer, a member of that court which is to be appointed by the chairman of the mobile court, preferably a judicial officer with jurisdiction, shall be a member of that court.
1 Article 8 shall apply mutatis mutandis to the judgments of the mobile court.
2 Article 78, first, fifth and sixth paragraphs, of the Law on Judicial Organization shall be applied mutatis mutandis in respect of the mobile court.
1 The Court of First Instance of Aruba, the Court of First Instance of Curaçao, the Court of First Instance of St Martin and the Court of First Instance of Bonaire, Saint Eustatius and Saba have established the jurisdiction of the Court of First Instance of the Court of First Instance of the Court of First Instance of the Court of First Instance of the Article 2 to the extent that the suspect is within the chain of command to be determined by royal decree of the highest commanding officer in Aruba, Curaçao and Sint Maarten, and in the public bodies of Bonaire, Sint Eustatius and Saba.
2 The Court of First Instance of the country referred to in paragraph 1 where the accused is located shall exercise the jurisdiction defined in the first paragraph.
3 In the case of the workers at first instance, a multiple and a single chamber shall be called military chambers. The member of a single chamber carries the title of military police, however.
4 The treatment of the cases referred to in paragraph 1 shall be dealt with by a military chamber.
5 Article 4 shall apply mutatis mutandis to persons within the order area referred to in the first paragraph.
6 Article 55, second and third paragraphs, of the Law on Judicial Organisation shall apply mutatis mutandis to the fact that two members of a multiple Chamber, including the President, are members of the Common Court of Justice and that the function of military police is carried out by a member of the Court of Justice; Common Court of Justice.
7 Article 10, second and third paragraphs The Court of Justice of the European Communities of the European Communities, of the European Communities, shall apply mutatis mutandis.
8 The appointment of a military member in the military chamber of the Court of First Instance shall be made in accordance with the procedures laid down in Article 23 of the Law of the Netherlands Joint Court . In order to be appointed as a military member one must be military and not belong to the Royal marechaussee. Article 6, third paragraph , shall apply mutatis mutandis. Requirements described in Article 24, first paragraph, points (a) and (b) of the Act of Justice of the European Communities Joint Court Preference should be given.
9 On the military members are the Articles 6 , 12, fourth member , 13, third member , 27 to 34 , 36 and Common Court of Justice of the European Communities of corresponding application, where such articles do not derogate from the provisions of this Act.
10 Article 6, fifth and sixth paragraphs , shall apply mutatis mutandis, except that the oath of office shall be made by the military members in accordance with the conditions laid down in Article 28 of the Law of the Netherlands Joint Court .
11 Transfer of a case that is at first instance at a military chamber of court, named in Article 55 of the Law of the Judiciary , or is pending before a mobile court in respect of a person who is within the jurisdiction referred to in paragraph 1, or of a case brought by a military chamber of one of the courts listed in the first paragraph, first instance is pending in relation to a person who is no longer in the jurisdiction of these courts, to the military chamber of the court, referred to in Article 55 of the Law on Judicial Organization, or to a mobile court, may take place in the state in which the case is at that time. Execution of this transfer shall be carried out by the Public Prosecutor's Office.
1 The Court of Justice shall give appeal to the courts of first instance of judgments of the courts for that reason.
2 The Common Court of Justice shall have a multi-chamber under the name of a military chamber.
3 The treatment of the cases referred to in paragraph 1 shall be dealt with by a military chamber. This room judges about the beplag meant in Article 12 of the Code of Criminal Procedure , if the person whose persecution is sought is in the inside of the Article 17, first paragraph That was the area of command.
4 Article 68, 2nd paragraph, of the Law on the Judiciary , and the Article 8, second paragraph , and 9, first and second members , of this Law, shall apply mutatis mutandis subject to the proviso that the appointment shall be made in accordance with Article 23 of the Law of the Netherlands Joint Court , to the requirements of Article 24 of the Law of the Netherlands Joint Court as far as is practicable, the military shall at least hold a head officer grade.
5 Article 6, third, fifth and sixth paragraphs , shall apply mutatis mutandis.
6 Article 17, ninth paragraph , shall apply mutatis mutandis.
7 Transfer of a case that is at the military chamber of the court, named in Article 68 of the Law of the Judiciary , is pending in relation to a person who is within the Article 17, first paragraph The Court of Justice, the Court of Justice, or the transfer of a case pending before the Common Court of Justice in respect of a person who is no longer in the jurisdiction of the Court of Justice The Court of Justice, referred to in Article 68 of the Law of the Judicial Organisation, may take place in the current state of the case. Execution of this transfer shall be carried out by the Public Prosecutor's Office. The court to which the case is transferred shall be empowered to consider the case in appeal.
1 Article 77 of the Law of the Judiciary shall apply mutatis mutandis, except that the courts shall be regarded as court of the Court of Justice at first instance as a court of law and the Common Court of Justice.
2 The Articles 75 , 78, first, fifth and sixth members , 79 and 83 of the Law on the Judiciary shall apply mutatis mutandis in respect of the courts of first instance and of the Common Court of Justice.
1 Among members and judges in the Code of Criminal Procedure shall be understood to be members of a military chamber as referred to in this state law.
2 Investigations officers in the sense of Article 141 and 142 of the Code of Criminal Procedure shall be included in the competent authorities of Aruba, Curaçao and Sint Maarten, and in the public entities Bonaire, Sint Eustatius and Saba.
In cases concerning criminal offences referred to in Article 2 As a council chamber, act as a multiple military chamber.
1 The hearing of a court as provided for by this Law of Law may, on the basis of a hearing of a person outside the European part of the Netherlands, be transferred to one of the members of a military chamber of the Court of Justice, named in Article 55 of the Law of the Judiciary , from a under Article 10 (a) a mobile court or a military chamber of the court of first instance intended for Article 17, first paragraph .
2 A contract as referred to in paragraph 1 shall not preferably be given to a member who has been involved in any way in the handling of a case.
1 As counselors may be admitted those who are mentioned in Article 37 of the Code of Criminal Procedure , as well as officers, except that they are not permitted on appeal in cassation.
2 For action outside the European part of the Netherlands, a lawyer may be added only if he has declared himself prepared to do so.
3 An officer can only be added, if a lawyer is not available. Even if it is available, an officer may be added as counsel, provided that the suspect so expressly requests. The addition of an officer shall be made by the chairman of the court or from the court, for which the case is to be served. In the European part of the Netherlands an officer can only be added if he has declared himself prepared to do so. An added officer shall, without prejudice to the provisions of Article 45 of the Code of Criminal Procedure , mandatory as counsel to act.
4 Under lawyer in the Code of Criminal Procedure is understood to be an officer acting as counsel. The provisions of the Articles 37 , 40, first and second members , and 46 of that code does not apply, however, to an officer acting as a counsellor.
5 An officer acting as a counsellor shall enjoy reimbursement of travel expenses and subsistence expenses according to general rules of the Public Administration.
1 The military who, in the event of a crime in the act of a crime, is to a lesser extent as a suspect, has the right to call for assistance from other military personnel. They are obliged to comply with the claim immediately.
2 The military who, in the event of a crime in the act of a crime, is a suspect of a lesser person may, if his surrender to a criminal investigation officer cannot be paid, surrender or submit to the commanding officer. military of the unit to which the accused belongs or to another commanding officer of our Minister of Defence. The obligation set out in Article 53, fourth paragraph, of the Code of Criminal Procedure In that case, go to that commanding officer.
Without prejudice to: Article 57 of the Code of Criminal Procedure can the district attorney or auxiliary prosecutor for whom the person, who is suspected of one of the crimes described in the Articles 96-104 , 109 or 110 of the Code of Military Criminal Law , being directed or who himself apprehend that suspect, after hearing him, orders that he be transferred to his unit, in order to make available there at the order of the commanding officer of the unit to which the accused belongs. shall be set. The order can only be given, if there is a reasonable suspicion that the accused will not return to his unit from his own movement.
Without prejudice to: Article 67 of the Code of Criminal Procedure an order for interim custody may also be issued in the event of suspicion of:
a. A crime described in the Penal Code of the European Union which has been lodged for two years or more for the purposes of the legal definition;
b. one of the offences defined in the Articles 98 , 106, 1st Member , 127, first paragraph , and 136, first paragraph, introductory sentence and under 1 of the Code of Military Criminal Law .
1 Without prejudice to the provisions of Article 67 A of the Code of Criminal Procedure can be one on the previous article or on Article 67 of that Code the order shall also be given, if certain circumstances show that there is a serious reason for military security, which shall require the immediate release of liberty.
2 An important reason for military security may be taken into account for the purposes of the preceding paragraph:
1 °. if it is to be taken seriously, that the accused will commit a crime as a direct and immediate consequence of which damage arises from or to be caused to the readiness of effective execution of an operation or exercise of any part of the force;
2 °. if a serious account is to be taken of the fact that without the immediate detention of the accused other soldiers, a crime shall be committed as a direct and immediate consequence of which damage occurs or to be caused to the death of the accused. the readiness to carry out an operation or exercise of any part of the armed forces.
The penal provisions of the Penal Code of the European Union and the rules of conduct of the Law on military disciplinary law shall not apply to the violation of an order issued to the accused under the jurisdiction conferred by the law in the interest of criminal proceedings.
1 Article 46 of the Law of the Judiciary applies, on the understanding, that the Judges are responsible for dealing with cases concerning criminal offences, Article 2 of this State Act , shall be appointed from among the members and alternate members of the military chambers.
2 A member of the military, who has been appointed as Judge Commissioner pursuant to paragraph 1 shall act as such on the understanding that:
a. is not authorized to command as intended in the Articles 63 , 206 , 214 and 221 of the Code of Criminal Procedure to be given;
b. may be taken only if the whole or predominantly investigation of the case is carried out outside the Netherlands;
(c) outside the circumstances referred to in point (b), where the case is in the chair of the military chamber, such that examination by a military member is preferable.
In the event of a transfer of a case to another court following the commencement of the examination at the hearing, that court shall re-examine the investigation.
1 By way of derogation from the provisions of Article 342, second paragraph, of the Code of Criminal Procedure the declaration of a superior or former superior shall be capable of providing full proof of guilt if it relates to the violation of a service order given by him or to an actual insubordination or mutiny committed against him.
2 The military invokes on a ground that is in accordance with one of the Articles 40-43 of the Penal Code to exclude the criminality of a fact committed by him as a sentinel shall be deemed to have acted lawfully, unless the contrary is made to the contrary.
The deadline of summons for the military police officer and the military cantonal judge is at least five days.
1 A general measure taken by the State Administration shall lay down rules on the reimbursement of travel and subsistence expenses of the accused persons who are staying in a country other than the court in relation to the exercise of the service, to the extent that the judge has ordered his appearance in person.
2 Our Minister of Justice may grant to the accused a concession in travel and accommodation costs if the judge has ordered his appearance in person and has had to incur very high costs in the judgment of Our Minister.
In the case of appeal, the previous title shall apply mutatis mutandis.
In case of reference referred to in Article 440, second paragraph, second sentence, of the Code of Criminal Procedure , the case is referred to:
a. When the destroyed pronunciation has been made by a military chamber of the court, named in Article 55 of the Law of the Judiciary , to the court, named in Article 68 of the Law of the Judiciary ;
b. when she was done by the military chamber of the court, referred to in Article 68 of the Law on the Judiciary, to that same court.
The case referred is dealt with by the military chamber. Consideration of the case shall not preferably be part of the consideration of any of the members who have been involved in any way in the handling of the case.
1 In case of application of Article 471, first paragraph , and Article 472, first and second paragraph, of the Code of Criminal Procedure where the cases referred to in those Articles refer to cases as referred to in Article 3 (2), Article 2 , reference is made to the Court of Justice, named in Article 68 of the Law of the Judiciary .
2 In case of application of Article 482g, first paragraph, of the Code of Criminal Procedure where the cases referred to in those Articles refer to cases as referred to in Article 3 (2), Article 2 , referral site to court, named in Article 55 of the Law of the Judiciary .
3 It is preferable not to take part in the treatment of the referred matter who were involved in any way in dealing with that case.
In the application of Article 473, first paragraph, of the Code of Criminal Procedure are the Articles 26 and 27 co-application.
1 In cases concerning minors, who have not reached the age of 18 at the time of committing the fact, the articles 488, third member , 489 , 493, third member , 495a , 495b , 496 , 497 , 500, 1st Member , 504, 1st Member and 505 of the Code of Criminal Procedure applicable mutatis mutandis, where those cases relate to crimes.
2 Unless unconditionally waived, the D.A. shall, in the cases referred to in the preceding paragraph, seek to the extent necessary information concerning the education, nature, development and ongoing conduct of the proceedings; suspect, also by hearing witnesses who have been given to him by his parents or guardian.
3 Where the cases referred to in the first paragraph are of appeal, the Articles 488, 3rd paragraph , 489, 1st and 2nd Member , 495a , 495b , 496 and No. 497 of the Code of Criminal Procedure applicable mutatis mutandis.
The Articles 510 and 511 of the Code of Criminal Procedure do not apply to the military members of a military chamber or to a mobile court.
The powers specified in Article 551 of the Code of Criminal Procedure may be co-exercised in the event of a criminal offence as defined in the First Title of the Second Book of the Code of Military Criminal Code.
By way of derogation from the provisions of Article 588, first paragraph, point B , and second member, of the Code of Criminal Procedure The court-writing system may be issued to those who are actually residing in actual service at the address of the item or service section, in which they are classified.
The mobile court and the office holders of that college shall apply mutatis mutandis:
a. the provisions of the Code of Criminal Procedure in relation to the court and the office-holders thereof;
(b) the provisions of the Titles I-V and VIII of this chapter in the case of the court, the military chambers and the office holders in so far as they are not derogated from in this Title.
1 If the appointment of the Judge-Commissioner cannot be made in the manner of the appointment of the Judge Law of the judicial organisation provided, the chairman of the mobile court appoints one or more members to a judge-commissioner for the time of one year. This is about to be made available in a moment.
2 The provisions of Article 29, second paragraph , does not apply if there are no judicial officers with jurisdiction to act as intended Article 1 (c) of the Law on Judicial Organisation are available to be appointed as Chief Justice Commissioner.
The Court of emergency law does not apply to the mobile court.
If this is necessary to ensure military criminal justice, our Minister of Justice may provide that:
a. In the jurisdiction of a mobile court:
1 °. the time limits specified in the Articles 58 and 64 of the Code of Criminal Procedure Temporarily doubled;
2 °. temporarily in the case of a summons relating to a criminal offence may be provided with a brief indication of the fact that it is to be charged with an indication about which time and on the spot it would be committed, and the time limits mentioned in Article 265 of the Code of Criminal Procedure and Article 32 of this Law on State Law may also be temporarily shortened without the consent of the accused, in so far as the defendant does not adversely affect his/her defence to the judgement of the court;
(b) the mobile court may disregard legal provisions relating to the time limits and forms, if these cannot or cannot be considered as being reasonable in the light of the particular circumstances;
c. judgments in cases of certain mobile courts notwithstanding Articles 557-560 of the Code of Criminal Procedure may be implemented. As soon as the execution of a decision has started, ordinary legal remedies shall lapse.
The following Article 46 those facilities shall be withdrawn as soon as circumstances permit.
Under the Articles 46 and 47 The decision to take decisions by our Minister of Justice shall, unless otherwise provided for in this Treaty, enter into force from the day following that of their publication. It may provide that they shall enter into force immediately after their publication.
1 Under the conditions of Articles 46 , 47 and 48 Decisions to be taken by our Minister of Justice are announced in the Dutch Official Gazette.
2 If the national interest makes it necessary in his judgment, the Minister of Justice may otherwise disclose a decision referred to in the preceding paragraph.
1 If and for as long as the connection with Our Minister of Security and Justice is broken, the Article 10, second paragraph The military authority, in respect of a mobile court which it has set up, its powers, which are in the Articles 46 and 47 have been granted to our Minister of Security and Justice.
2 The Articles 48 and 49 shall be applicable, in that case mutatis mutandis, except that the Minister for Security and Justice shall read the military authority referred to in the first paragraph.
At the Court of First Instance and the Common Court of Justice, the military chambers of those colleges and officials are in cases concerning persons falling under the conditions laid down in Article 4 of the Treaty. Article 17, first paragraph , the said jurisdiction shall apply mutatis mutandis:
a. the provisions of the Code of Criminal Procedure with regard to the court or tribunal, and the court holders of those colleges;
b. the provisions of the titles I-V and VIII of this chapter with regard to the Court of Justice, the court, the military chambers of those colleges and the officials of the latter shall not be derogated from in this Title.
Article 22 shall apply mutatis mutandis to the examination of a person who is outside Aruba, Curaçao or Sint Maarten or outside the public bodies of Bonaire, Sint Eustatius and Saba.
1 Without prejudice to the provisions of Article 23 In Aruba, Curaçao and Sint Maarten and in the public entities Bonaire, Sint Eustatius and Saba can also be admitted as counsel persons who are competent to act as a counsellor in criminal matters.
2 As an adviser to the accused, the High Court may also act as lawyers, registered with the Court of Justice.
Without prejudice to: Article 29 a military member may act as a Judge Commissioner if the investigation of the case takes place wholly or predominantly outside of Aruba, Curaçao or Sint Maarten or outside the public entities Bonaire, Sint Eustatius and Saba.
Without prejudice to: Article 279 of the Code of Criminal Procedure may in cases of infringement, with the exception of those relating to infringements; Article 382 (b), below 1 ° to 6 °, of the Code of Criminal Procedure , the accused shall be represented at the hearing by a written agent in a special power of attorney, unless the judge orders that he be published in person.
In the cases of referral as referred to in the Articles 36, first sentence , and 37, first sentence , consideration of the case by the Military Chamber of the Common Court of Justice shall take place in the manner provided for in Article 3 (2) of the EC Treaty. Article 36, second sentence .
1 Article 344, first paragraph, of the Code of Criminal Procedure shall be applied mutatis mutandis to written records by the colleges, officials or persons of Aruba, Curaçao and Sint Maarten referred to in that Article, and of the public entities Bonaire, Sint Eustatius and Saba.
2 Article 344, second paragraph, of the Code of Criminal Procedure shall apply mutatis mutandis to the minutes of an investigation officer of Aruba, Curaçao and Sint Maarten, and of the public entities Bonaire, Sint Eustatius and Saba.
In Aruba, Curaçao and Sint Maarten and in the public entities Bonaire, Sint Eustatius and Saba, the officers may not, in exercising their powers, comply with the rules applicable on the premises of the ordinary people, subject to the limits of the laws of the Member States. criminal proceedings, infringement of the rights of not in the Article 2 Persons subject to such jurisdiction.
1 Outside the Kingdom or within the territorial sea, our Ministers of Justice and Defence may call upon the military, if and as long as no subsidiary of the judiciary is present and his arrival cannot be held, the exercise powers which are Code of Criminal Procedure He shall assign to the judicial officer of the judicial authority.
2 If and as long as no criminal investigation officer is present and his arrival cannot be held, the military appointed under the preceding paragraph may exercise the powers conferred on it by the Code of Criminal Procedure Grants to the investigating officer.
3 Article 539b, first, second and third paragraphs, of the Code of Criminal Procedure shall apply mutatis mutandis.
4 Article 539e, first paragraph, of the Code of Criminal Procedure shall apply mutatis mutandis except that the operation is intended to be carried out in accordance with Article 57, first paragraph, of that Code can not be assigned.
5 Article 539f, first, second, fourth and fifth paragraphs, of the Code of Criminal Procedure shall apply mutatis mutandis.
6 Article 344, second paragraph, of the Code of Criminal Procedure shall apply mutatis mutandis to the minutes of a military designated under the first paragraph.
1 In the case of a suspect who has been insured outside the Kingdom or within the territorial sea, the person giving the order shall inform the D.A. of this without delay and in the most rapid manner possible. Unless he decides otherwise in the interests of the investigation, the D.A. shall, as soon as possible, conduct the accused.
2 If and as long as the connection to the district attorney is not possible, the ininsurance order shall remain in effect until the moment the connection is restored.
1 Outside the Kingdom, investigators may exercise the powers conferred upon them by any provision of a law other than that or the Code of Criminal Procedure , if that is determined by a general measure of the government of the State.
2 Article 59 shall apply mutatis mutandis.
Outside the Kingdom, powers to detect, prosecute and adjudicate on criminal offences and enforcement of judgments may be exercised only in so far as the right of international law so permits.
This law can be cited as a "Military Criminal Justice Act".
1 This Law of the State shall enter into force with effect from a time to be determined by Royal Decree.
2 By Royal Decree a time may be fixed before, with effect from which, Title IIB of the Fourth Book of the Criminal Code applies to persons subject to military jurisdiction, except that where: any provision of That Title of the term "court", "court martial" shall be understood to mean.
Burdens and orders that are in the State Sheet , in the Official Journal of the Netherlands Antilles and in the Aprator of Aruba will be placed, and that all ministries, colleges and officials, who so concern, will keep their hands on the precise implementation.
Issued at The Hague, 14 June 1990
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Minister of Defence,
A. L. ter Beek
Published on the 19th July 1990The Minister of Justice,
E. M. H. Hirsch Ballin
