De ventielfunctie van de artikel 12 Sv-procedure: klachten tegen niet-vervolging in maatschappelijk gevoelige kwesties

Abstract

Art. 12 of the Dutch Code of Criminal Procedure (CCP) gives the opportunity for directly interested parties to complain about non-prosecution by the Public Prosecution Service. This procedure is also used in socially sensitive cases such as the prosecution of Geert Wilders for hate speech. Whereas art. 12 CCP was originally intended as a correction mechanism for the prosecution monopoly of the Public Prosecution Service, in a later stage the private interest of complainants/victims became more central. A third function now appears to be added: a valve function for social dissatisfaction. By means of a media analysis, case studies, interviews with judges and a normative analysis it will be researched which contribution art. 12 CCP supplies and can deliver to the social conflicts that underly the proceedings in these cases. The empirical part of the research shows that democratic life extents beyond parliament. Against this background, with the help of historian Pierre Rosanvallon, this research proposes an alternative democratic vocabulary in order to better understand ánd evaluate societal expectations of criminal law in socially sensitive conflicts.