The current body of law governing the conduct of police and prosecution during the investigative phase of criminal proceedings encompasses an enormous amount of rules. At the same time, a... Show moreThe current body of law governing the conduct of police and prosecution during the investigative phase of criminal proceedings encompasses an enormous amount of rules. At the same time, a restrained approach with regard to the judicial supervisory role of investigative propriety is visible in case law while it remains unclear whether and to which extent other institutions have a supervisory role in this respect. This research looks at the current system of supervision on police and prosecutorial conduct in the context of criminal law proceedings from the viewpoint of criminal law standard. After all, creating rules for the conduct of law enforcement entails a certain obligation to ensure rule-compliance. After illustrating the complexity of the current legal framework as well as the complexity of reasons underlying its norms, the study focuses on the supervision of the conduct of police and prosecution. Based on the specific characteristics of the current Dutch criminal procedural law, the study develops a framework for an adequate system of supervision. The study then describes how currently supervision on police and prosecutorial conduct is organised and finally evaluates this in light of the requirements of adequate supervision as set out in previous chapter. Show less
The law of the European Union requires effective enforcement of EU policy, for which criminal law can, and sometimes must be used. This means that the scope of policy freedom that criminal law... Show moreThe law of the European Union requires effective enforcement of EU policy, for which criminal law can, and sometimes must be used. This means that the scope of policy freedom that criminal law authorities can utilize, varies dependent on the applicable legal context. The principle of expediency, which gives the Public Prosecution Service the authority to drop cases conditionally or unconditionally, should be interpreted in a differentiated way, leaving more room for policy choices in certain areas and less in areas where European interests are particularly important. Show less
