The criminal investigation of offences 'outside the judicial district of a court'

The criminal investigation of offences 'outside the judicial district of a court'

A legal comparative study of the experiences with Title VIA of the Fourth Book of the Dutch Code of Criminal Procedure (full text only available in Dutch)

Summary

Title VIA contains provisions relating to the criminal investigation of offences 'outside the judicial district of a court'. The title creates a basis in Dutch law for exercising certain criminal investigative powers on the territory of foreign states, the (Dutch) territorial sea and the high seas, the air above and the (cosmic) space. Not only does Title VIA provide a general foundation for criminal investigations by Dutch authorities in foreign countries, it also contains a number of specific rules for such investigations which depart from the other rules in the Code of Criminal Procedure.

The main research question is to what extent and in which manner Title VIA of the fourth book of the Dutch Code of Criminal Procedure should be amended in order to remove any impediments, shortcomings and sources of confusion. This question will be dealt with through the next four sub-questions:

  1. What can be said, in general, about the background and development of the provisions in Title VIA with regard to criminal investigation 'outside the judicial district of a court'?
  2. How often have the articles in Title VIA been applied in concrete cases from 2010-2018, and in which contexts?
  3. What experiences do the actors involved have with the application of the title?
  4. What comparable legal provisions exist in the United Kingdom, Belgium, Germany and France and what are the differences and similarities with the Dutch legislation?

Publication data

Author(s):
Noorloos, L.A. van, Hamers, L.E.M., Ham, J. van der, Kooijmans, T., Spapens, A.C.M., Ceulen, R.
Organization(s):
Tilburg University - Criminal law department, WODC
Place of publication:
Tilburg
Publisher:
Tilburg University
Year of publication:
2019

Order information

Address:
Tilburg University - Law School
Website:
https://www.tilburguniversity.edu/nl/over/schools/law/