Criminal Procedure Code at Curaçao (Netherlands)

Curaçao's current Code of Criminal Procedure (Wetboek van Strafvordering, or WvSv) is based on the Dutch Code of Criminal Procedure of 1881, adapted to the local context. This code governs the investigation, prosecution, and trial of criminal offenses in Curaçao. However, a significant reform is underway. (New code of criminal procedure presented to parliament - Curaçao Chronicle)

🆕 Upcoming Reform: New Code of Criminal Procedure

The Parliament of Curaçao approved a new Code of Criminal Procedure in February 2025, with an expected implementation date of January 2027. This overhaul aims to modernize the criminal justice system, aligning it with contemporary legal standards and practices. Key features of the new code include: (New Code of Criminal Procedure to Take Effect in 2027 - Curaçao Chronicle)

Tele-hearings: Allowing for remote proceedings in minor cases and during pretrial detention. (Several changes to the Criminal Procedure Code - Curaçao Chronicle)

Streamlined Weapon Offense Prosecutions: Expediting the legal process for illegal possession of firearms.

Victim Compensation: Removing the previous cap of 50,000 Netherlands Antillean guilders on victim compensation.

Enhanced Victim Rights: Including access to recorded interrogations and clearer pathways to compensation. (New Code of Criminal Procedure to Take Effect in 2027 - Curaçao Chronicle)

Safeguards for Defendants: Ensuring that pretrial detention periods remain largely unchanged and that defendants' rights are protected. (New Code of Criminal Procedure to Take Effect in 2027 - Curaçao Chronicle)

Minister of Justice Shalten Hato emphasized that the new code would not negatively impact defendants' rights. To facilitate a smooth transition, the government plans a public awareness campaign targeting key institutions such as the Public Prosecutor’s Office, the Curaçao Police Force, the Court of Justice, and the Bar Association. (New Code of Criminal Procedure to Take Effect in 2027 - Curaçao Chronicle)

📄 Accessing the Current Code

The full text of the current Code of Criminal Procedure is available through the World Intellectual Property Organization (WIPO) Lex database:

👉 Curaçao Code of Criminal Procedure (WvSv)

 

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