The Prosecution announced yesterday nothing to see in the prosecution of former top official Joris Demmink for sexual abuse of boys. There is, according to the Public Prosecutor 'no evidence' found. Allows the case against Demmink is however not yet finally over. It remains to be seen whether a lawsuit is now definitively scrapped.
The arrangement of the prosecutor in the case Demmink is no surprise. Long before the prosecutor decided not to prosecute because the evidence is lacking in their own words. Yet in this case the OM no longer the only body that decides on the sequel.
Court
In 2014, the court in Den Bosch decided in a two alleged victims of Joris Demmink filed Article 12 proceedings (complaint against non-prosecution) that there actually was a reasonable suspicion of guilt. Enough suspicions in any case to enforce a criminal investigation. The prosecution had to do additional research from the court and was not allowed to dismiss the case.
Dismissal
Now that additional investigation according to the OM did not take place, the prosecutor must return to the court again to submit the decision to dismiss (cessation of prosecution). The final decision on whether to prosecute Demmink is therefore to the court in The Hague. The expectation is that this is certainly still a few months will last.
The prosecution intends to follow this procedure at least in public, to avoid all appearance of backroom politics. The question is whether Joris Demmink will work on with it, such a request will normally include virtually always be behind closed doors.
Procedure
The court can roughly react in two ways: whether it is the public prosecutor to order to dismiss the case, after the persecution cease. Whether it suggests that the case still needs to be brought to justice, with or without additional research. This happens when the instance believes that there certainly is some evidence in the file or may come and it is for the court to rule on it.
Lawsuit
If the court OM forces to start a lawsuit, it is expected that the prosecutor will ask for an acquittal. This is because the prosecution itself, after all, the conviction has not Demmink something wrong. If the court then comes to an acquittal, the way to an appeal will be cut off.
The accused and the accuser will indeed both have no interest in going to the higher court. The matter stops against Demmink. Only the emergence of new evidence (an innovation) can be revived in a case.
By Editorial AD / Photo: ANP
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