Costs of legal counsel paid by a third party: new questions about article 591a DCCP

Article 591a of the Dutch Criminal Proceedings Law (DCCP) provides a former suspect with the possibility to receive compensation for the costs of legal counsel. Last September, the Dutch Supreme Court ruled that this article also applies to costs borne by a third person. But while this judgment answers one question, it brings along several new ones, says attorney-at-law Thom Dieben.

On September 4th of 2018, the Criminal Chamber of the Dutch Supreme Court (ECLI:NL:HR:2018:1428 ) made an important decision regarding the scope of article 591a of the Dutch Criminal Proceedings Law. The main question was whether or not a claim for compensation, filed on the basis of this article, can be granted when the legal counsel was not paid for by the former suspect, but by a third person (e.g. their employer).

Read the full article here (in Dutch).

The implementation of Aranyosi & Căldăraru (ECLI:EU:C:2016:198) in the Netherlands

The first time the Amsterdam District Court had to rule on the implications of the Aranyosi & Căldăraru judgment d.d. 5 April 2016 (ECLI:EU:C:2016:198) was only three days after the CJEU had delivered its judgment.

In his contribution to the February edition of the Defence Extradition Lawyers Forum (DELF) newsletter, Thom Dieben discusses the implementation of the Aranyosi & Căldăraru judgement in the Netherlands. The contribution furthermore provides a handy overview of the various European prisons where, according to the Amsterdam District Court, a wanted person does or does not run a real risk of inhuman or degrading treatment. Continue reading “The implementation of Aranyosi & Căldăraru (ECLI:EU:C:2016:198) in the Netherlands”