New directive opium offenses

Guus Schram Procureur-generaal

WILLEMSTAD / PHILIPSBURG, Sint Maarten — The Attorney-general has issued a new directive for opium offenses for the Public Prosecutors (OM) of Curaçao, Sint Maarten and the BES islands. The new directive goes into effect July 1st 2015. The new directive is focused on drug traffickers, intermediaries, street vendors, organizers of drug shipments, merchants, hemp farms and XTC affairs.

The new directive takes account of all the above matters or the offender is a first offender or a repeat offender. In the case of a repeat offender, the demand in Court will be higher. For the determination of the demand the OM bases itself on the gross weight of the drugs.

Drugs are transported different ways, dissolved in liquid, soaked in garments, as a paste form. In such cases, the Public Prosecutor demands, as it was intended in the Opium Law, a penalty based on the gross weight of corresponding object in which the drug is dissolved. In case of recidivism (if the last conviction for a similar fact is not older than 5 years) the demand is increased by 50 % to 100%.

The time frame in which the crime was committed / period, method and quantities seriousness of the offenses for which has previously been convicted are circumstances that will be taken into consideration. In cases with more than 500 grams of drugs, the principle is that for first offenders a report to the Probation Office will be ordered, this to avoid repetition.

The new directive can be found on the website: