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Criminal Assets Deprivation: Fighting Crime and Protecting Society

Dive into the world of criminal investigation, prosecution, and asset deprivation in the Netherlands. Learn about the legal frameworks, investigative powers, and decision-making processes involved in convicting criminals and dismantling criminal organizations. Explore how authorities keep criminal assets away from wrongdoers forever.

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Criminal Assets Deprivation: Fighting Crime and Protecting Society

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Presentation Transcript

  1. Paul Notenboom • Public Prosecutor • Deputy director of B.O.O.M., Criminal Assets Deprivation Bureau of the Public Prosecution Service, the Netherlands

  2. Goal • To keep criminal assets away from the criminals forever

  3. Investigating a criminal act crime preliminary investigation prosecution Execution arrest & search action plan • Goals: • convicting • criminals / • rounding up • criminal • organisations • -taking away • criminal • capital Criminal investigation • Goals: • convicting • criminals / • rounding up • criminal • organisations • -taking away • criminal • capital financial investigation

  4. Decision to prosecute decision to prosecute: trial plea bargaining dismissal criminal investigation financial investigation confiscation deprivation injured parties tax authorities other countries ?

  5. Investigative Powers: • Open sources • Land Register • Chambers of Commerce • the Internet • Semi-open sources • registration number register • register of births, deaths and marriages • Police registers

  6. Investigative powers: • Searching a dwelling or premises • Recording confidential information • Recording communication by means of a technical device (tap)

  7. Investigative powers: • Post capture • Observation • Entering a closed place and the powers in this place • Claiming the provision of traffic data • Claiming other data

  8. Investigative powers: • Infiltration • Pseudo purchase • Systematic enquiries

  9. Decision making framework • Legal – is it allowed? • Practical – is it possible? • Tactical – is it effective? (risks and opportunities) • Proportionality – the violation of the rights of the suspect / civilian weighed against the severity of the crime or the purpose of the investigation • Subsidiarity – are there any other (less invasive) possibilities or methods of investigation to obtain similar results?

  10. Questions?

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