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Dutch Prosecution Service (From Prosecutors and Politics: A Comparative Perspective, P 117-140, 2012, Michael Tonry, ed. - See NCJ-242458)

NCJ Number
242462
Author(s)
Henk van de Bunt; Jean-Louis van Gelder
Date Published
2012
Length
24 pages
Annotation
This paper examines the prosecution system in the Netherlands.
Abstract
The Dutch Public Prosecution Service has undergone major changes in recent decades. Public prosecutors were initially little more than intermediaries who delivered cases from the police to the judge, but the modern-day public prosecutor has many tasks entrusted to him and wide-ranging responsibilities. The case-oriented magistrate who dealt with cases from behind his desk now actively operates outside the confines of his office, developing local crime policy and monitoring criminal investigations. However, in his original judicial role, the Dutch prosecutor remains a powerful player. Only he can bring criminal cases to court and determine the parameters of court proceedings. Prosecutors have gained discretion to settle more cases out of court. Prosecutors can offer settlements to suspects through which further prosecution is averted and, most recently, have gained authority to impose sanctions, so-called penal orders, for designated offenses without the involvement of a judge. Another important change is a computerized decision support system to determine appropriate sentences. The Dutch prosecutor is an increasingly central player in the criminal justice process. (Published Abstract)