Legal Perspective

Legal Perspective (1259)

PHILIPSBURG, St. Maarten - The Public Prosecutor's Office (OM) Curacao has summoned mr. Emsley Tromp on tax fraud. The first session on 25 July will be a court case where the defense can submit investigation requests. The judge will take a final decision on this. When the final court case (inhoudelijke behandeling) will take place depends on these possible further investigation.

The Saffier investigation started in 2016 at the Anti-corruption Team (TBO) as part of the RST and in response to persistent media reports about potential financial malpractice committed by suspect.

PHILIPSBURG, St. Maarten - The "Instructions assets recoveryis in force as of July 1, 2017. This instruction sets out rules for the criminal prosecution by the Public Prosecutor (OM) of financial proceeds from criminal activities. The instruction identifies the criminal justice options. The starting point is that the effectiveness determines the choice for or a combination of options that can be taken. Chain cooperation is central to the recovery of assets. Collaboration and exchange of information between the relevant public services, such as the Tax Department, is crucial in this.

The instruction refers to the instruments available to the OM and is based on current laws and regulations. When dealing with the criminal justice instrument, the regular legal protection is the starting point. Criminal jurisdictions can only be deployed if there is a reasonable suspicion of guilt of any criminal offense committed by a suspect within the meaning of the Criminal Procedure Code, where the legal provisions regarding possible involvement of the court apply to be.

This is an instruction within the meaning of Article 5 paragraph 4 of the Public Prosecutor's Office issued by the Attorney General (PG) of Curaçao, St. Maarten and Bonaire, Saint Eustatius and Saba.

It is the Attorney-general's wish that the criminal prosecution policy in and between the OM Curaçao, OM Sint Maarten and OM BES is unambiguous as far as possible. Therefore, it was decided to issue one instruction for the entire OM Carib.

PHILIPSBURG, St. Maarten - The " Directive Relational Violance" is as of July 1, 2017 in force for Curaçao, Saint Maarten and Bonaire, Sint Eustatius and Saba. This directive replaces the "Violence within the relational atmosphere of Curaçao" from 2006 and the "domestic violence and honor-related violence of the Netherlands" (2010A010). The instruction is conform Article 5 paragraph 4 of the Public Prosecutor's Office issued by the Attorney-General of Curaçao, Sint Maarten and Bonaire, Saint Eustatius and Saba.

The term "relational violence" makes it clear that violence does not occur only within a home. It is about violence committed by someone within the family or amorous relationship of the victim, regardless of the place where violence is committed.

PHILIPSBURG, St. Maarten - The Council of Ministers of the Kingdom has appointed Roger Bos today, Friday June 30th 2017, as the new Attorney- general for Curaçao, Sint Maarten and Bonaire, Saba and Sint Eustatius (BES-islands).

Mr. Bos is Chief Prosecutor for the Public Prosecutor’s Office in the province of Limburg.

PHILIPSBURG, St. Maarten - The Public Prosecution Office released 46-year old M.M. today, on Wednesday, June 28th 2017. His detention is no longer necessary for the investigation. The suspect was arrested in the Emerald investigation on June 7, 2017. Since that time he was detained. He remains a suspect and the investigation in this case continues.

The Emerald investigation started in April 2016 and revealed that some companies in Sint Maarten have allegedly sent fictitious or greatly increased bills to the port. These invoices were then paid. However, the work on these invoices were probably never, or only a small part executed. The involvement of the suspects M.M. and O.A. , but also others, is currently under investigation.

ST. EUSTATIUS - On Tuesday, June 27th, a 39 year old with the initials J.C.S.S. from Colombia was presented before the investigative judge on Sint Eustatius.

He is the suspect in the homicide-case on Sint Eustatius of his partner.

SINT EUSTATIUS - Last week a report was filed at the police on Sint Eustatius regarding rape and indecent assault.

PHILIPSBURG, St. Maarten - The Public Prosecutor's Office (OM) points out that media reports on the Emerald-investigation, that port companies are subject to investigation, are not correct.

PHILIPSBURG, St. Maarten - The custody of the suspect Mark Mingo has been extended today.

PHILIPSBURG, St. Maarten - The Court of Appeal has rejected today the release of Fransesco Corall.

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