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).