Principle of opportunity
Encyclopedia
The principle of opportunity is a principle
in Dutch law, which says that a crime
will be punished only if its prosecution is considered opportune. This means that public prosecutors have the arbitrary decision power to cancel the prosecution of a crime. Cancelling the prosecution of a crime is called a sepot or seponering (in Dutch). Cancelling the prosecution of a crime is mentioned in the First Book, First Title, Fourth Section of the Dutch Criminal Procedure Code (Art. 12, 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12i, 12j, 12k, 12l, 12m, 12n, 12o, 12p, 13 and 13a).
In countries (not the Netherlands
) where the principle of opportunity does not apply, if those entitled to prosecute a felony
cancel the prosecution of a known felony
, they commit themselves a felony
(this is called the principle of legality).
There are three sorts of cancellation of prosecution:
If the prosecution of a crime is cancelled, it can still be resumed later (the ne bis in idem
principle does not apply to sepots), except if the Public Department has made a formal communication to the crime suspect that the suspect is no longer prosecuted (then prosecution cannot be resumed according to administrative law trustworthiness principle).
According to Article 12 of the Dutch Criminal Procedure Code, a person with a direct concern in the prosecution of a crime may fill at a court of law a complaint against the cancellation of the prosecution. If the council chamber of the court decides that the crime should be prosecuted, it will have to be prosecuted.
: the principle of opportunity is a generalized (principalized) form of nolle prosequi
.
Principle
A principle is a law or rule that has to be, or usually is to be followed, or can be desirably followed, or is an inevitable consequence of something, such as the laws observed in nature or the way that a system is constructed...
in Dutch law, which says that a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
will be punished only if its prosecution is considered opportune. This means that public prosecutors have the arbitrary decision power to cancel the prosecution of a crime. Cancelling the prosecution of a crime is called a sepot or seponering (in Dutch). Cancelling the prosecution of a crime is mentioned in the First Book, First Title, Fourth Section of the Dutch Criminal Procedure Code (Art. 12, 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12i, 12j, 12k, 12l, 12m, 12n, 12o, 12p, 13 and 13a).
In countries (not the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
) where the principle of opportunity does not apply, if those entitled to prosecute a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
cancel the prosecution of a known felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, they commit themselves a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
(this is called the principle of legality).
There are three sorts of cancellation of prosecution:
- policy sepot: petty crimes are not punished in order to be able to prosecute serious crimes;
- technical sepot: there is not enough evidence to obtain a conviction from a court or such a conviction is highly unlikely;
- conditional sepot: the crime suspect is spared from being prosecuted provided that the suspect commits no other crimes. In BelgiumBelgiumBelgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
this is called a praetorian probation.
If the prosecution of a crime is cancelled, it can still be resumed later (the ne bis in idem
Ne bis in idem
Ne bis in idem, which translates literally from Latin as "not twice in the same", means that no legal action can be instituted twice for the same cause of action...
principle does not apply to sepots), except if the Public Department has made a formal communication to the crime suspect that the suspect is no longer prosecuted (then prosecution cannot be resumed according to administrative law trustworthiness principle).
According to Article 12 of the Dutch Criminal Procedure Code, a person with a direct concern in the prosecution of a crime may fill at a court of law a complaint against the cancellation of the prosecution. If the council chamber of the court decides that the crime should be prosecuted, it will have to be prosecuted.
See also
Nolle prosequiNolle prosequi
Nolle prosequi is legal term of art and a Latin legal phrase meaning "to be unwilling to pursue", a phrase amounting to "please do not prosecute". It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges...
: the principle of opportunity is a generalized (principalized) form of nolle prosequi
Nolle prosequi
Nolle prosequi is legal term of art and a Latin legal phrase meaning "to be unwilling to pursue", a phrase amounting to "please do not prosecute". It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges...
.