THE NETHERLANDS — The VVD wants the Public Prosecution Service (OM) to stop making pre-trial agreements with major drug criminals. In these deals, the suspect forgoes a lengthy trial in exchange for a lower sentence. Major drug criminals are getting off too lightly as a result, VVD parliamentarian Ulysse Ellian told NOS.
Pre-trial agreements are becoming increasingly common, partly due to capacity constraints at the OM. The trial can be much shorter because the suspect waives part of the defense, saving the OM and the judiciary a lot of time.
According to Ellian, the OM is making too many of these deals with what he considers major drug criminals. During the debate on the Justice and Security budget this week, he will submit a motion urging the OM to refrain from pretrial deals in major drug cases. “I think the mandate from society and parliament is very simple: Don’t let major drug criminals get away with it. And that’s happening now.”
Ellian referred to the case against Ridouan Taghi’s son, Faissal, on which the court will rule today. According to the authorities, Faissal was groomed to take over his father’s drug trafficking empire. The OM demanded six years against him. Without a pre-trial agreement, the demand would have been eight years.
According to Ellian, the Tweede Kamer, the lower house of the Dutch parliament, has never clearly stated that such deals can be made, and it must first consider the legal basis for them. He believes the Kamer would not approve these deals if it had a say.
Six of the seven Justice and Security Ministers since 2010 were VVD members. The party has controlled the ministry for all but about four years since VVD politician Mark Rutte first took office as Prime Minister. CDA member Ferd Grapperhaus served as Minister from 2017 to 2022 in Rutte’s third Cabinet, but both state secretaries serving under him were VVD politicians, as was the Minister for Legal Protection. The OM’s ability to make these deals was regulated under VVD control.
In response to Ellian’s planned motion, the OM defended the use of pre-trial agreements to NOS. “They make the entire process run more smoothly, creating more opportunity to bring other cases to court,” the OM said, citing the limited resources available to the judiciary. “Fines can also be part of the agreements. Millions in fines have already been imposed in several cases. That money flows back into the treasury.”
“That doesn’t mean a suspect gets off too easily,” the OM said. “The court always has the final say; it thoroughly reviews the agreements and can also disregard them.”
The OM also stressed that alonger trial doesn’t necessarily lead to a much longer sentence. “But if criminals can quickly and effectively receive an appropriate prison sentence through a pre-trial agreement, the OM can bring countless other cases to court.
Source: NL Times
