THE NETHERLANDS ANTILLES CRIMINAL JUSTICE SYSTEM
Violent crimes versus white-collar crimes
The Netherlands Antilles criminal justice system is mirrored after the Netherlands criminal justice system. It distinguishes itself from many other criminal justice systems (e.g. the U.S. system) on many aspects (e.g. the severity of sanctions imposed). The principal laws which guide the criminal justice system in the Netherlands Antilles are the
Penal Code, the Code of Criminal Procedure and many special Ordinances.
The criminal justice legal process is divided into two phases: the pre-trial and the trial phase. In the pre-trial phase it is all about fact-finding (e.g. searches of premises to secure evidence and interrogations). The trial-phase’s main objective is finding the truth. If a person is found guilty, the judge may choose among several penalties: imprisonment, community service and/or fines.
A distinction is made between two types of crimes: violent versus white-collar. Violent crimes are for example rape, child abuse and murder. So-called white-collar crimes are crimes performed by white collar employees and professionals (bankers, businessmen, lawyers, accountants, politicians), e.g. fraud, embezzlement, computer crime and forgery. Tax evasion and insider trading are also examples of white-collar crimes. In order to be able to defend white-collar criminal cases, the lawyer involved must understand the nature of the crime involved. If, for example, the case concerns insider trading, the lawyer must fully understand both the principles of the securities markets and the legal environment. For that reason, cases regarding white-collar crimes are often dealt with by law firms specializing in commercial law (banking law, securities law, tax law, corporate law).
Karel Frielink
Attorney (Lawyer) / Partner
