Innovation Act on Criminal Procedure (Stb 2022, 276)

On October 1, 2022, the so-called Innovation Act on Criminal Procedure (hereinafter Innovation Act Sv) entered into force.

The Innovation Act Sv is part of the legislative project new Code of Criminal Procedure. The Innovation Code of Criminal Procedure Act makes it possible, in anticipation of the new Code, to gain experience with some topics relevant to the practice of criminal law in the form of pilot projects. A new Title X will be included in the Fourth Book of the Code of Criminal Procedure, in which these topics will be regulated in detail.

Title X of the Code of Criminal Procedure.

Title X contains the following topics:

• The First Section (arts. 553-555 Sv) introduces a preliminary ruling procedure before the Supreme Court. In this procedure, courts may submit questions of law to the Supreme Court. The question of law must have a cross-case interest. The Supreme Court's answer to this question of law may also be relevant to the court's decision in other cases. The goal is to promote the speed and efficiency of the criminal process.
• The Second Section (arts. 556-558 Sv) contains an expansion of some investigative powers in the digital environment consisting of:
  • perusal of incoming messages after seizing an automated work, such as a smartphone;
  • network search after seizing an automated work. This means that a search may take place at another location, such as the police station;
  • Undoing a biometric security/encryption of a seized automated work. It involves biometric security in the form of a fingerprint, iris scan or facial recognition.
• The Third Section (arts. 559-569 Sv) contains a regulation that allows for a combination of audiovisual recordings (AVR) with an accompanying abbreviated record as an alternative to a full record. Audiovisual recordings are also recognized as legal evidence. These are audiovisual recordings by investigating officers and recordings of the hearing.
• The Fourth Section contains a new Article 570 Sv. This article lists powers that can also be exercised by the auxiliary officer. These are the following powers:
  • the return and custody of a seized object without a waiver (art. 116, third and fourth paragraphs Sv);
  • deploying the IMSI catcher to obtain a number (arts. 126nb, 126ub and 126zj Sv);
  • requisition stored (historical) and future data from a third party (arts. 126nd, arts. 126ne, 126ud, 126ue, 126zl and 126zm Sv);
• The Fifth Division allows for mediation after the commencement of the investigation at the hearing (artt. 571-574 Sv). Mediation means the mediation between suspect and victim under the guidance of a mediator. In the new regulation, the judge is given the possibility to declare that the case has ended if the mediation has led to a positive outcome.

Pilot Projects

The application of the new parts of regulations included in the Innovation Act on Criminal Procedure will take place in so-called pilot projects. These pilot projects will be set up jointly by the chain organizations involved (police, special investigation services, Royal Military Constabulary, Public Prosecution Service, judiciary and legal profession), in consultation with the Ministry of Justice and Security.

The projects will be monitored and evaluated by the Scientific Research and Documentation Center (WODC) for the duration of the pilot projects. The results of the evaluation will be available within two years at the latest, that is, before the pilot is completed.

The content of the Innovation Act Sv has a maximum duration of three years. This expresses the temporary and experimental nature of the regulations. Based on the evaluation of the parts of the Innovation Act Sv, it can possibly be decided to extend the period of operation of provisions of this law. In this way, it will be possible for the application of the relevant parts to continue until the entry into force of the corresponding provisions included in the new Code of Criminal Procedure.

Innovation Act Sv Decree

With the Innovation Act Sv, the Decree on Innovation in Criminal Procedure (Stb. 2022, 352) also entered into force. The Decree provides for a number of pilot projects to be implemented in one or more districts and resorts.

Pilot AVR

The AVR pilot consists of 2 parts, namely the sub-pilot "Suspect Interrogations and Camera Images" and the sub-pilot "Recording Session.

The subpilot 'Suspect interrogations and camera footage' is being carried out in the police unit Noord-Holland, the Arrondissement Noord-Holland, the District Court Noord-Holland and the Court of Appeal Amsterdam and the police unit Oost-Nederland, the Arrondissement Oost Nederland, the District Court Overijssel and the Court of Appeal Arnhem-Leeuwarden. In this subpilot, robberies for which camera images are available are handled according to the new working method. Recordings are also made of interrogations of suspects in combination with an abbreviated official report.

The subpilot 'Recording session' is taking place in the District Court of Limburg and the Court of Appeal of 's-Hertogenbosch. In this subpilot, the audio recording of the hearing together with an abridged written record of the hearing replaces the extensive written record of the hearing.

Pilot Mediation after commencement of hearing

The Zeeland-West Brabant district is promoting the possibility of mediation in the sub-pilot "Traffic cases with a serious outcome.

In the districts of Gelderland and Overijssel, the "Juveniles" sub-pilot considers mediation as standard in cases with a juvenile defendant, starting with minors. In the follow-up phase, this will be extended to juveniles.

Pilot Extra powers auxiliary public prosecutor (hovj)

In the "Additional Powers Auxiliary Prosecutor" pilot, only hovjs who have been specially trained to properly apply the new powers can participate.

Participating in the pilot are: the East Netherlands police unit (Gelderland-Midden and Twente districts), the Rotterdam police unit (Rotterdam-Stad district), the Zeeland-West Brabant police unit (unit-wide) and the special investigation services (BOD).

Pilot Prejudicialial questions and Pilot Data after seizure

The "Prejudicial Procedure" and "Capture Data After Seizure" pilots are taking place nationwide.