Key Benefits:
Decision of 8 June 1994 laying down rules for the implementation of Article 572, second paragraph, of the Code of Criminal Procedure
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 Justice of 24 December 1993, Staff Section Public Law, No. 418792/93/6
Having regard to Article 572, second paragraph, of the Code of Criminal Procedure ;
The Council of State heard (opinion delivered on 3 May 1994, No W03.93.0861);
Having regard to the detailed report by Our Minister of Justice of 26 May 1994, Staff Section, Public Law, No 440005/94/6
Have found good and understand:
1 The Central Judicial Incasing agency, referred to in Article 1 of the Decision instituting the Central Judicial Incass Office , has the task of supporting our Minister of Security and Justice and the Public Prosecutor ' s Office in their tasks relating to the implementation of fines imposed by judgment or judgment or in a criminal act. The Central Judicial Agency shall also be responsible for the task of the officials responsible, as referred to in Article 4. Article 3.1 of the Decision of OM-of-a- , as well as a body or person, meant in Article 4.1 (b) of the D.A. Decision , to support in their tasks relating to the payment of funds as referred to in Article 3a .
2 This Decision does not apply to fines imposed in a criminal decision issued pursuant to Article 76 of the General Law on State Taxation or Article 10:15 of the General Customs Act .
The Central Judicial Incasing agency carries out the work that Our Minister of Security and Justice or the Public Prosecutor ' s Office of him related to the exercise of their Article 1 Require these tasks.
1 The payment of a fine shall be paid by payment or transfer to a bank account of the Central Judicial Incasing Office which is to be used for that purpose. The public prosecutor ' s office or the Central Judicial Office may provide that the payment may be made in a place by the public prosecutor or by the Central Judicial Incase bureau, or by a public prosecutor's office or by a public prosecutor's office. a person to be designated by the Central Judicial Incase Office or by the on-the-spot transfer of a bank account to that effect.
2 The payment provided for in paragraph 1, first sentence, shall be effected within 30 days of the date of the acceptance by the acquirer of the person to whom the fine was imposed from the Central Judicial Office.
3 In the case of Article 24a of the Code of Criminal Law or Article 561, third paragraph, of the Code of Criminal Procedure A payment in instalments shall be granted, the time limits laid down in those Articles shall be determined from the day of the acceptance of the acceptgiro that the person to whom the fine was imposed from the Central Judicial Office receives.
4 The payment of the following Article 24b of the Code of Criminal Law Increased amount shall be made within 30 days of the date of the next acceptgiro receiving the person to whom the fine has been imposed from the Central Judicial Agency.
1 In case of Article 257b of the Code of Criminal Procedure a criminal decision may be issued the relevant basket case, intended in Article 3.1, second paragraph, of the Decree-judgment , provision may also be made for payment of the fine to be made in a place designated by the competent official within the meaning of Article 3.1 of the Decision to adjude or transfer it from the spot to a bank account intended for that purpose. Payment shall be made in that case within a day following that on which the offence was discovered.
2 As a place of payment, referred to in the first paragraph, only designated a police station, a building of the organization of the competent official, meant in Article 3.1, first paragraph, part b, of the Decree-law , whether a customs office or, if the competent official is a military of the Royal Royal Navy, a letterhead office or the crossing point in question, or a temporary place of payment, by or because of the corpschef concerned, intended In Article 3.1 of the Decision of OM (s) of judgment.
3 Door or because of the corpschef, intended in Article 3.1 of the Decision of OM-of-a- , officials shall be designated as responsible for the collection of funds paid in accordance with paragraph 1.
4 The collection officer charged with collection shall be placed in possession of a list of facts as referred to in Article 3.6, second paragraph, of the Decree-judgment If requested, he shall grant the person who pays access to the list.
1 In case of Article 257ba of the Code of Criminal Procedure a criminal decision is issued, may the competent body or the competent person in question be Article 4.1 (b) of the D.A. Decision , determine that payment of the fine may also be made at a place designated for that purpose by that body or by that person or by the on-the-spot transfer to an appropriate bank account. Payment of the fine shall be made within a day following that on which the offence was discovered.
2 As a place of payment, referred to in paragraph 1, only designated a building of the organization of the competent official referred to in Article 4.1 (e) of the DPE Decree , or a temporary place of payment, set up by or because of a body or a person referred to in Article 4.1, part b, of the OM of the Order of judgment.
3 By or because of a body or a person, meant in Article 4.1 (b) of the D.A. Decision , officials shall be designated as responsible for the collection of funds paid in accordance with paragraph 1.
4 The collection officer charged with collection shall be placed in possession of a list of facts as referred to in Article 4.6, second paragraph, of the Decree-judgment and the rates set for these facts. He shall grant the person who pays access to the list at his request.
1 The person who pays makes reference to the case where payment of the fine relates to a way in which payment of the fine is to be given by the Central Judicial Office.
2 In the absence of notification of the case where payment of the fine relates to the manner referred to in paragraph 1, the Central Judicial Office may pay back the amount paid to him on the account of which the fine is to be paid. amount is sourced, or otherwise refund the amount to the person who has paid.
1 In the cases referred to in Article 1 (1) (a) of the EC Treaty, the Court of First Article 3, first paragraph, second sentence , 3a, 1st Member and 3b, First Member , issued without delay, a payment certificate issued by the person to whom the person concerned has been satisfied has been signed and signed.
2 In the cases referred to in Article 3, first paragraph, second sentence , 3a, 1st Member and 3b, First Member , the amount of the fine shall be recorded in the manner specified by the Central Judicial Incasing Office.
3 The notes shall be shown, at the latest one year after being drawn up, to the persons responsible for the supervision of the collection of fines.
Any person involved in the collection and collection of an imposed fine shall provide the Central Judicial Office and the Public Prosecutor's Office with the information they need in connection with the exercise of their duties in the Member States. Article 1 Intended tasks.
1 The Head of the Financial Economic Affairs Central Directorate of the Ministry of Security and Justice is responsible for the opening of one or more separate bank accounts of the Central Judicial Office which are intended to be used shall be liable for the payment of funds arising from the implementation of fines imposed.
2 The director of the Central Judicial Incasing Office shall be responsible for the management of the bank accounts referred to in paragraph 1.
3 Our Minister for Security and Justice shall lay down detailed rules on the management of the bank accounts referred to in paragraph 1 and the administrative authorities to be used in connection therewith.
1 Our Minister sets out the form of the in Article 5, first paragraph The persons referred to above shall be provided with payment evidence or the requirements to be met by the payment certificate.
2 The funds received shall be regularly transferred to the bank accounts of the Central Judicial Incas-office, as specified by the Central Judicial Agency.
3 Our Minister for Security and Justice shall lay down detailed rules on the provision and management of payment methods, the taking-off and the accounts of the funds received and the records to be taken in connection therewith.
The Chief Minister shall, in accordance with the procedure to be determined by Our Minister of Security and Justice, declare annual progress in the implementation of the Article 8, third paragraph , the rules referred to and of the audit carried out for the purpose of implementing this Decision. The notice referred to in the first sentence shall be given to the Royal Marechaussee and to the Special Investigation Officers by the relevant shortcoming referred to in the first sentence. Article 3.1, second paragraph, of the Decree-judgment whether the body or person concerned, referred to in Article 4.1 (b) of the D.A. Decision .
In the case of the jurisdiction of Article 257b of the Code of Criminal Procedure shall be exercised during the period considered by Article 57 , 58 or 59 of the Polition Act 2012 assistance shall be provided, the payment shall be made in accordance with Article 3a (1) , as the police, and the reckoning, accountability and control of the monies received, are carried out by the police.
1 The person to whom a fine is imposed shall be liable to administrative costs. The scale of these costs shall be determined by means of a ministerial arrangement. The payment of the administrative costs shall be governed by the Articles of this Decision relating to the payment of the fine and to the accounts of the corresponding provisions. The administrative costs shall be charged together with the fine.
2 payments made are primarily due to the payment of administrative costs, to the satisfaction of any increases and finally to payment of the fine.
The costs of the story of an imposed fine shall be borne by the person to whom this fine has been imposed on an equal footing. Under the cost of the story are the recovery costs. The cost of the story, in so far as they do not concern recovery costs, shall be calculated according to the Decision on charges of officialacts of bailiffs fixed rates. The extent of the recovery costs shall be determined by means of a ministerial arrangement.
The Decision of 5 October 1978 adopting a general measure of administration for the implementation of Article 572 of the Code of Criminal Procedure ( Stb. 496) is hereby repealed.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Decision implementing fines.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 8 June 1994
Beatrix
The Minister of Justice,
A. Kosto
Published on 14 June 1994The Minister of Justice,
A. Kosto
