Decision of 19 September 1997 to the exclusion of criminal offences by summons pursuant to Article 385 of the Code of Criminal Procedure (Decision of the exclusion of the calling procedure)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the nomination of the Minister of Justice of 20 January 1997, Executive Board of Law, Criminal and Sanctions Division No 603033/97/6

Having regard to Article 384, first paragraph, of the Code of Criminal Procedure ,

The Council of State heard, opinion of 17 March 1997, no. WO3.97.0036,

Having regard to the further report of our Minister of Justice of 9 September 1997, No 651951/97/6

Have found good and understand:

Article 1

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Of the call procedure specified in Article 385 of the Code of Criminal Procedure is not used after the finding of

• a. suspected infringement of Article 314 of the Code of Criminal Law ;

• b. facts which are not simply of a nature and of which the force is not clear;

• c. facts in which contradictory statements have been made;

• d. facts involving injury, other than minor damage;

• e. evidence of injury, other than minor injury.

Article 2

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

Article 3

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This decision may be cited as: Decision exclusion procedure.

Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.

' s-Gravenhage, 19 September 1997

Beatrix

The Minister of Justice, a.i.,

H. F. Dijkstal

Issued the 30th September 1997

The Minister of Justice, a.i.,

H. F. Dijkstal