Prosecutorial Discretion in the Netherlands:An Advantage for Politicians?

Dutch criminal law offers politicians no immunity for public office offences. Cabinet members and Members of Parliament stand trial for these offences in a single instance, before the Supreme Court. The decision to prosecute is made by either the Parliament or the Government. The prosecution is not handled by the Public Prosecution Service, but by the Procurator-General at the Supreme Court. These arrangements exclude the possibility that the Minister of Security and Justice influences the prosecution. This minister enjoys wide powers of instruction vis-à-vis the Public Prosecution Service, wh... Mehr ...