The prosecutor in the Netherlands: playing a key part in criminal Justice

Abstract

In this article we will explore the position, powers and organisational structure of the Dutch system of the Public Prosecutor's office in the criminal procedure. It involves the public prosecutor and his organization, the Public Prosecution Service. The public prosecutor plays a key role in the administration of justice in (various types of) criminal cases. Even though the public prosecutor is the only authority who has the right to bring criminal charges in individual criminal cases, he is never obliged to do so. Not only does the Public Prosecution Service play a crucial role with regard to the decision as to whether offenders will be prosecuted in separate cases, but it also plays a key role in defining criminal policy as part of law enforcement in criminal matters. The public prosecution service does not enjoy absolute independence, as the Minister of Justice in theory has the power to give instructions.