Decision of 12 September 2012, laying down rules on the Commission advising on the conduct of a further investigation as referred to in Article 462 (4) of the Code of Criminal Procedure (Decision on the Advisory Committee on Criminal Matters)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Security and Justice of 3 July 2012, Executive Board of Law and Legal Affairs No 279334;
Having regard to Article 462, fourth paragraph, of the Code of Criminal Procedure ;
The Department for the opinion of the Council of State heard (opinion of 18 July 2012, No W03.12.0238/II);
Having regard to the further report of our Minister for Security and Justice of 6 September 2012, Executive Board of Law and Legal Affairs No 298923;
Have found good and understand:
For the purpose of this Decision:
a. the Commission: the committee referred to in Article 2 ;
b. The Prosecutor General: The Attorney General of the High Court, referred to in Article 111 of the Law of the Judiciary ;
c. Law: The Code of Criminal Procedure ;
ed. Our Minister: Our Minister of Security and Justice.
There is a committee tasked with advising the Attorney General on the desirability of a further investigation as intended. Article 461, first paragraph, of the Act .
1 The members of the committee are appointed on the basis of the expertise necessary for the proper fulfilment of the Article 2 the task referred to as well as on the basis of their broad social knowledge and experience.
2 The committee consists of five members:
a. two experts at a scientific exercise relevant to the work of the Commission, of which there is also a Chairman;
b. An expert in the field of police practice;
c. a lawyer;
d. A member of the Public Prosecutor ' s Office.
3 For appointment as a member of the committee, police officers and civil servants who work under the responsibility of Our Minister are not eligible, with the exception of officials of the Public Prosecutor ' s Office.
1 The Commission shall carry out its task in an impartial and independent manner.
2 Each of the members of the committee may be different if, in his opinion, facts or circumstances arise which would cause the impartiality or independence to suffer damage.
If the second paragraph has been applied, the committee shall carry out its task in a composition of which the member who has changed no longer forms part. The member to be changed shall be replaced by an alternate member.
1 The members of the committee shall be appointed, suspended and dismissed by our Minister acting on a proposal from the Attorney General. One of the Article 3, second paragraph, point (a) The Secretary of State shall be appointed President of the Commission by our Minister, acting on a proposal from our Minister. Our Minister, acting on a proposal from the Attorney General, shall also appoint as many alternate members of members as distinct from the members of the second paragraph of Article 3, if the task of the committee is to be properly fulfilled. The first sentence and Article 3, first and third paragraphs, shall apply mutatis mutandis to alternate members.
2 The appointment of the members and alternate members of the committee shall be made for a period of at least four and a maximum of six years, subject to the possibility of dismissal before. They can be reappointed once for an equal period of time. Membership ends at reaching the age of seventy.
3-Suspension and dismissal only for reasons of incapacity or incompetence or other serious reasons of the person of the Member concerned. Dismissal shall also be made at his own request.
4 The members and alternate members of the committee shall receive compensation in accordance with the provisions of the Law fees advisory colleges and commissions .
1 The committee shall be assisted by a secretary. The secretary is not a member of the committee.
2 The Chairman shall direct the work of the Secretary.
3 The Secretary is under the authority of the Commission and is responsible for his work only to the committee.
4 Our Minister, after consultation with the committee, shall ensure the necessary provisions for the work of the Secretary and of the Commission.
5 The Secretary shall be appointed, suspended and dismissed by our Minister upon nomination of the Attorney General. Before the nomination is made, the Attorney General shall hear the President.
1 The Committee shall determine its own rules of operation. It shall adopt rules of procedure which shall, in any event, contain rules on procedures and procedures with a view to the proper and careful exercise of the rules in force in the Member States of the Member States. Article 2 Intended task.
2 The committee may be assisted by experts who are not members of the committee in the course of the investigation in so far as it is necessary for the performance of the task of the committee.
1 The Committee shall be competent to take note of any procedural documents contained in the closed criminal case, in so far as it considers it relevant for the performance of its duties. It shall also be empowered, in agreement with the Attorney General, to take note of any documents not attached to that criminal case in so far as they are related to the criminal case and to the Commission for the exercise of its duties. 8.
2 The Committee shall be empowered to hear:
a. Investigation officers;
b. Police officers, of other investigation services, and of the Prosecutor's Office;
(c) the Judge-Commissioner or the President-in-Office of the Council who has carried out any investigation in the closed criminal case;
3 The committee shall be empowered to provide an expert with an assignment. The expert shall report his report to the committee.
The members and alternate members of the committee, the secretary, the persons acting on the basis of Article 7, second paragraph , provide assistance to the commission and the expert on the basis of Article 8, third paragraph A contract shall be required to keep the information available to it in the course of the exercise of their duties and to which they are confidential or reasonably suspect, except as far as they are concerned: (i) any legal requirement to communicate to them, or their task, to the need for communication.
This Decision shall enter into force on the date on which the Law reform reform for the benefit enters into force.
This Decision is referred to as: Decision on the Advisory Committee on Criminal Matters.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 12 September 2012
The Minister for Security and Justice,
I. W. OpsteltenPublished the nineteenth September 2012
The Minister for Security and Justice,
I. W. Opstelten