Prof. Joost Nan Describes the Landscape of Economic Criminal Regulation in the Netherlands

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Erasmus University Criminal Law Expert Prof. Joost Nan was present at FH UNAIR on Wednesday afternoon (19/10/2022) to give a guest lecture. Prof. Nan is a visiting lecturer at FH UNAIR. The topic of the guest lecture that afternoon was the presentation of the criminal economic and regulatory landscape in the Netherlands. Prof. Joost Nan Describes the Landscape of Economic Criminal Regulation in the Netherlands in a Guest Lecture of FH UNAIR.

Prof. Nan explained that in the Netherlands, a special law regulates economic crimes, namely Wet op de economische delicten (WED). The enactment of this legislation is the lex specialis of Wetboek van Strafrecht (WvS) or the Criminal Code.

“WvS in this criminal law regulates material law. Meanwhile, Wetboek van Strafvordering (WvSv) or the Criminal Procedure Code is intended to regulate (formal) procedural law. While in WED, there are material and formal laws simultaneously,” he explained.

The scope of economic crimes regulated in WED can be seen in Article 2. Some examples are crimes against telecommunications, agriculture, money laundering, and others. Prof. Nan explained that there are two types of economic crimes in WED, namely crimes and violations. If the crime begins with an intention, it is a crime. If not, then it is categorized as a violation.

“The difference between these two types of economic crimes lies in the period of their sentence. Crimes are punishable by imprisonment for two to six years, while offenses are for six to twelve months. There are also other penalties, such as fines and community service, to additional penalties,” said the academic.

Prof. Nan gave an example that business closure is another punishment imposed for an economic crime. According to him, the deterrent effect of closing a business will be much more pronounced for criminals because it is challenging to rebuild their businesses from scratch.

At the end of the material, Prof. Nan provides how law enforcement officers in the Netherlands can quickly investigate economic crimes in the Netherlands. He explained that criminal investigations are not always the main route but can also go through administrative examinations to find out whether or not an economic crime has been committed.

“Take, for example, a civil servant who asks the company to provide documents for the company’s monthly administrative report. From there, it can be seen in the document whether the company has committed an economic crime, such as disposing of waste not according to the rules or carrying out excessive pollution,” he concluded.

 

Author: Pradnya Wicaksana

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