The Reform of the Dutch Code of Criminal Procedure in Comparative Perspective

Abstract

Preface 25 years of criminal procedure in the Netherlands Geert Corstens 1. Introduction 2. Moons Committee and Criminal Procedure (Strafvordering) 2001 3. Consensuality in criminal law 4. Protection of the accused and the victim 5. More powers for the police and Public Prosecution Service 6. Flexible review by the criminal court of breaches of procedural rules 7. Conclusion The Dutch system of legal remedies Jan Watse Fokkens and Nathalie Kirkels-Vrijman 1. Introduction 2. Appeal 3. Appeal in cassation 4. Retrial 5. Conclusion The judge in the pre-trial investigation Stijn Franken 1. The narrow margins of the debate 2. Theory and practice 3. The duties of the examining magistrate 4. Not more, but less and better Some main findings of 'Strafvordering 2001' and the subsequent reform of Dutch criminal procedure Marc Groenhuijsen 1. Introduction 2. Main reasons for dysfunctional Code and ad hoc solutions 3. The research project 'Strafvordering 2001': scope, method and main findings 4. How did the government respond to these findings? 5. Reflection on general trends 6. Conclusion The extrajudicial disposal of criminal cases Tijs Kooijmans 1. Introduction 2. Historic backgrounds of the punishment order 3. The main aspects of the Public Prosecution Service (Settlement) Act 4. Similarities and differences between Criminal Procedure 2001 and the Public Prosecution Service (Settlement) Act 5. In conclusion Internal access in the preliminary investigation Dirk van der Landen 1. Introduction 2. The statutory rules on internal access to the preliminary investigation 3. Criminal Procedure 2001 (Strafvordering 2001) 4. In conclusion The examination in court according to Criminal Procedure 2001 (Strafvordering 2001), partly as a reflection on trial by jury Theo de Roos 1. Introduction 2. The jury as a mirror 3. Starting points of Criminal Procedure 2001 and the examination in court 4. The public examination in court and the establishment of the truth in an international perspective 5. The meaning of the substantiation of evidence 6. In conclusion The law of evidence and substantiation of evidence Joep Simmelink 1. Introduction 2. The impetus: the sub-report on 'Evidentiary Law and Substantiation of Evidence' 3. Legal development after 'Criminal Procedure 2001' 4. Reference points for further legal development Reform proposals on Dutch criminal procedure - A German perspective Thomas Weigend 1. Introduction: the pleasures of comparing law 2. Aspects of Strafvordering 2001: general issues 3. Aspects of Strafvordering 2001: specific issues 4. Conclusion A Review of the Criminal Courts of England and Wales by The Right Honourable Lord Justice Auld Index.