#11: When may your smartphone be investigated?

Privacy is a hot topic these days now that everywhere around us data is being collected. Our tablets and smartphones contain a lot of information about our private lives. Not only all your contacts are accessible, also the communication with these contacts is saved. Your smartphone nowadays even knows how many steps you have taken today and where. It is not hard to imagine how much valuable information a smartphone contains for investigative departments of the police. The question is when these data carriers may be seized by the authorities? And when may the data be investigated on your phone? In the Netherlands a discussion exists on the question whether police officers may seize a smartphone upon arrest and search through the data. We would like to share this discussion with you.READ MORE

#10: Fired by the Criminal Court

As discussed in lawlunch #06 the Dutch authorities try to fight fraud by prosecuting the professionals – the facilitators of the crime – involved. Practice shows that (tax) advisors, accountants and notaries are increasingly put in the spotlight of a criminal investigation. As explained in lawlunch #06 professionals can be faced with administrative penalties, criminal prosecution or disciplinary proceedings. Although all of these possibilities are devastating for one’s career there is one accessory penalties which simply puts an end to a career. This is the accessory penalty of the prohibition to exercise your profession.READ MORE

#05: Impunity for procedural errors

Every criminal defence lawyer will recognize the frequently asked question; how can you argue that a suspect should be set free based on procedural errors while you know he is guilty? A plea on the importance of the rule of law can be the logical response. However, the easy answer in the Netherlands is: “Well my friend, those days are gone.” We will first explain why this is and second what the risks are of this development.READ MORE

#02: ‘You have to learn the rules of the game…’

…and then you have to play better than anyone else.’

These famous words of Albert Einstein seem to be key in many legal disputes and procedures. The criminal procedural code of a country provides the rules for conducting a criminal investigation and the – potential – criminal case afterwards. These rules do not only have to be obeyed in the courtroom, obeying the rules during the criminal investigation is just as important. If the investigation authorities in the Netherlands do not play by the rules, this could (or should) lead to (serious) consequences. Not only should the party involved be compensated for disadvantages in the investigation against him, in our opinion this is also an effective way to control and improve the system. If errors can be made by the authorities without any consequences, there is no reason for them to try to avoid such errors in the future.READ MORE