There but for the grace of God, goes John Bradford
Polticians, the press, people on the streets and in the café. … practically everybody has an opinion about criminal law. ‘Criminals’ must be punished more severe and suspects should have fare fewer rights. It sounds right, especially since most people tend to believe that there is a clear distinction between ‘crooks ‘ and the rest of us. And surely no-one would argue ‘ crooks’ must be punished? Politicians gratefully use or rather abuse our baser feelings, purposely feeding them with horror stories of an ever increasing crime rates, thus stimulating the call for an increasingly tougher approach. Despite what politics and the media would have us believe however, the Dutch sentences actually range among highest in Europe and have done so for many years. The fact that the tough approach contributes little to nothing to combat crime, but instead leads to expansion of the number of criminal offences, broadening the possibilities for bad judgment in the use of resources as the preventive body search is something that is also carefully kept silent.
In the meanwhile the chance of being confronted with the criminal law system is increasing exponentially and it can quite happen to anyone. Of course most of us will never commit theft or murder, sell drugs or rape or assault another. But the Dutch criminal law includes far, far more than those traditional wrongdoings and it has become shockingly easy to become a suspect of a criminal offence. Unfortunately people are only awakened rough from the dream that criminal law is there for others (in other words the ‘crooks’) when they themselves come into contact with police, the prosecutor’s office and/or the judiciary. At Advocatenkantoor Kuijper we have a good reputation in the field of criminal law and defend both individuals and businesses (and executives thereof) in normal and complex criminal matters. We also work closely with the other criminal defense attorneys in the associated practices, each of whom has his own particular expertise. During the investigative phase and the criminal investigation at the we will determine the strategy for the defense with the client. You are never alone.
Sometimes, however, even being ‘ just ‘ of passionate and very experienced criminal defense attorney is not enough. Even for attorneys laws and regulations are becoming increasingly complex , and there is an steadily increasing number of criminal and administrative penalties. When people are suspected of having committed economic, fiscal or financial offences the criminal defense attorney must be more than ‘ just ‘ a passionate and skilled criminal advocate, and is needs a thorough knowledge of (in particular) administrative law. In these cases the investigation is conducted by ‘ supervisors ‘ and/or enforcement officers (AFM, The Dutch Bank, FIOD/SIOD, Labor Inspection, Immigration service etc.) from administrative bodies instead of the police or prosecutors office. More often than not these it is the case that suspects are not informed – in time – that, as one is (also) suspected of a criminal offence, one has the right to remain silent and is (no longer) obligated to cooperate with the investigation otherwise. Due to this “oversight” suspects often involuntarily hang themselves not once, but twice. Because the withdrawal of statements made during investigation or (criminal) interrogation) and or exclusion of ‘voluntarily provided evidence is extremely difficult, it is crucial one has access to assistance from an attorney who can instantly determine whether the rules are applied correctly as failure to do so cán lead to the exclusion of evidence, reduced sentences or even acquittal. It is therefore important to know that in addition to our experience in ‘ common ‘ criminal law we are particularly experienced in combating punitive fines and measures in the framework of administrative enforcement and well skilled in the defence in criminal proceedings with regards to the suspected violation breach of administrative and economic law.