Criminal Law Practice

Practice Overview

MR. BAS A.S. VAN LEEUWEN (LL.M., ESQ) provides assistance to enterprises and physical persons who are suspected or victim of crime, in particular economic and financial crimes (white collar crime). The attorney is active, among other things, in matters relating to money laundering, swindle, bribery, misuse of corporate assets, abuse of confidence, bankruptcy crimes, tax evasion, inheritance fraud, public procurement fraud, customs and excise duty fraud, and gambling fraud. He guarantees quality, efficiency and discretion. He strives to reach a successful resolution for all dossiers in the shortest possible term, if possible by means of an amicable settlement. 

Suspects

The police can arrest someone who is suspected of committing a criminal offence and question him. In the Netherlands, a suspect can be held without charge for questioning as part of an investigation for up to six (6) hours. If someone is arrested for the purpose of establishing his or her identity, the period can be extended once, by another six (6) hours. The suspect has the right to consult an attorney for half an hour before being questioned by the police for the first time. While he is being detained as part of an investigation, he can also ask…

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Trial

Once the investigation has been concluded, the public prosecutor may decide to prosecute a suspect. In this case, the suspect will be issued with a notice of summons and accusation, detailing the precise charges against him as well as his rights. It also states when and where the district court will hear the case. The public prosecutor may also decide not to prosecute, for example if there is insufficient evidence against the suspect.…

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Conviction

At the hearing, the court either acquits or convicts the defendant, or discharges him from prosecution on a point of law. When someone is convicted, a sentence, such as a fine, an alternative sanction, or a term of imprisonment, or a non-punitive order will be imposed. Furthermore, the person then has a criminal record for a specified period of time.…

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Appeal or final and unappealable judgment

Someone who has been convicted and wishes to challenge the court’s judgment can lodge an appeal if the law permits. If an appeal is possible, the person who has been convicted (or his attorney) must lodge an appeal with the court registrar within 14 days. The appeals procedure is free of charge. The administrative body has plans to ensure that anyone who has been convicted of a serious crime of violence or a sex offence will not be released while an appeal is still pending.…

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Appeal

On appeal, a different (higher) court reviews the case. This court may convict or acquit the person previously convicted, or discharge him from prosecution on a point of law. Someone who has been convicted can only lodge an appeal once. After that the option remains of lodging an appeal in cassation with the Supreme Court, if the law permits. The public prosecutor too may appeal the district court’s judgment. If this happens, the defendant will be notified and summonsed again to appear in court.…

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Victims of a crime

If perpetrators are to be brought to justice, it is important for the victims to go to the police as soon as possible to lodge a criminal complaint. They can do so at the police station, or in the case of minor offences by telephone or online. Once a suspect has been found, the Public Prosecution Service takes over. Suspects are questioned, and if there is due cause, they will be held in pre-trial detention and prosecuted.…

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The rights of victims in criminal proceedings

The Dutch administrative body is working to strengthen the rights of victims in criminal proceedings. One way of doing so is to give victims the right to information, both about the proceedings and about the scope for claiming damages. In addition, victims and surviving relatives have the right to be treated with respect, to be given the assistance of an interpreter and/or attorney, and in certain cases to present their point of view in court. These rights are laid down in the Victims’ Status (Legal Proceedings) Act. The administrative body’s plans include an undertaking to strengthen the position of the…

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Witnesses of criminal offences

In some cases, the police will ask someone who has witnessed a criminal offence to make a statement. You can present yourself as a witness and give as many details as possible. Ask the police officer for his name, so that you can phone him if you suddenly remember something you forgot in your statement. During proceedings the court may also wish to hear witnesses. Witnesses who have been summonsed are obliged to appear and to tell the truth; failure to do so is a criminal offence. Witnesses who believe that they are at risk can ask to be excused…

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Disposal of cases by the Public Prosecution Service (OM): penalties imposed by the OM

In the Netherlands, the Public Prosecution Service has the authority to impose penalties for a number of common criminal offences. The Public Prosecution Service may not impose custodial (i.e. prison) sentences. Municipal authorities and special enforcement officers also have the authority to impose penalties of this kind. They can issue an administrative penalty for antisocial behaviour; for instance, they can fine someone for noise nuisance. They can also issue a ‘police penalty’ for so-called ‘P offences’, which are offences like speeding that used to be punished with on-the-spot fines. The Public Prosecution Service may impose a range of penalties. Examples…

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Related Expertises wthin this practice area

General Criminal Law

General criminal law is a collective name for all crimes and offences laid down in the Dutch Criminal Code and a few additional laws. Property crimes (theft / embezzlement / fraud), Homicide (murder / manslaughter), sex crimes (rape / sexual assault), Opium Act offences (drugs) and Traffic Act offences (driving licence / alcoholic), among others, all fall within this law.…

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Economic Offences

The Dutch Economic Offences Act (WED) provides for criminal prosecution of breaches of regulations contained in specific regulatory legislation. These include the regulations in the Money Laundering and Terrorist Financing Prevention Act, the General Customs Act and the Sanctions Act. Prosecutions under the Dutch Economic Offences Act (WED) are also possible in the event of breaches of legislation on strategic goods (dual use), licensing regulations for imports and exports, and transactions involving countries or individuals…

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Financial Criminal Law

It is not rare for banks and financial institutions to come into conflict with the Dutch financial criminal law. They are confronted with a complicated legal framework of laws, recommendations, guidelines and suchlike and are regularly under criminal investigation due to a violation of these rules. Allegations of offences under the Dutch financial criminal law may concern the use of insider knowledge of IPOs or secondary share offerings, prospectus fraud, or other acts that are…

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Criminal Tax Law

Involvement with tax criminal law can arise if an incorrect tax return is examined by the tax inspector who then chooses to hand the relevant file over to the Fiscal Intelligence and Investigation Service (FIOD), rather than imposing an administrative penalty. This often leads to a criminal investigation into the possibility of tax fraud.…

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Environmental Criminal Law

Environmental criminal law is increasingly attracting more attention now the protection of the environment gains (political) ground. Companies and individuals are being prosecuted for environmental offences ever more frequently. Dutch environmental criminal law is nevertheless a very specialised sector of the Dutch criminal law, having its roots in an abundance of laws, guidelines and directives.…

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Employment related criminal law

Labor law is now a major source of criminal liability for companies, its legal representative and management. In order to enable you to assess the risks incurred in the course of doing business, to identify and manage risky behavior and, finally, to assist you in dealing with prosecution authorities, MR. BAS A.S. VAN LEEUWEN (LL.M., ESQ), attorney at law, has created a division dedicated to employment related criminal law, combining the expertise of lawyers experienced…

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Occupational accidents and diseases

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Companies are often helpless when it comes to dealing with the consequences of an occupational injury, as they have little control over all the issues involved. To help you resolve these issues, MR. BAS A.S. VAN LEEUWEN (LL.M., ESQ), attorney at law, has set up an expert team of lawyers who have gone through specific training, have a forensic background, dedicated digital tools and day-to-day practice. He helps clients deploy management tools, and provide strategic…

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Government Enforcement and Investigations Practice

VAN LEEUWEN LAW FIRM represents companies and individuals in a range of government and internal investigations, regulatory inquiries, white-collar criminal defence matters, compliance issues, civil litigation, and enforcement actions. Today’s Public and private business environment is marked by the close coordination between government authorities and regulators, which has, in turn, blurred the lines between regulatory, civil, criminal penalties. Public and private businesses face a challenging enforcement environment, particularly in highly regulated industries.…

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White-Collar Criminal Defence

No client expects to be the target of a criminal investigation, but with lines between regulatory, civil, and criminal enforcement increasingly blurred, businesses and executives can find themselves faced with subpoenas, law enforcement interviews, search warrants, and even criminal charges.…

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White-collar crime and internal investigations

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Businesses today face an increasingly complex framework of established and evolving legislation and regulations concerning civil, criminal and regulatory risks. VAN LEEUWEN LAW FIRM provides clients a ‘one-stop,’ connected international service to help navigate the legal, procedural, governance and reputational aspects of regulatory and compliance issues, investigations and litigation worldwide. With an in-depth understanding of cross-disciplinary best practices, VAN LEEUWEN LAW FIRM is inter-connected across jurisdictions, industries and regulatory fronts, enabling us to advise clients…

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White-collar defence and corporate crime

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Bas A.S. van Leeuwen (LL.M., Esq.), attorney at law, is experienced in the management of complex state and cross-border litigation, as well as advising clients on preventative measures and compliance programs designed to reduce the risk of civil and criminal penalties. His extensive experience allows him to provide clients with advice covering the legal, procedural, governance and reputational aspects of compliance issues and investigations wherever they may arise. Bas A.S. van Leeuwen (LL.M., Esq.), attorney…

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Corporate Crime & Investigations

Dawn Raids, searches and confiscation, information demands and inspection visits

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There are various authorities which your corporate organization may be dealing with, depending on the type of your corporate organization and the services you provide. It is very important to obtain immediate clarity about the nature of the investigation because the rules may differ from one authority to another. Some examples: (a) Criminal authorities, such as the Tax Intelligence and Investigation Service (FIOD) and the Public Prosecution Service (OM) in…

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Integrity & Compliance

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Integrity is at the core of contemporary business and this means not only doing what is legal, but also doing what is right. PRAETOR FORENSIC AUDITING works with companies to design, assess and improve their compliance programs focusing on the right governance models for their organization and enabling the team to be strong business partners working to prevent violations of regulations and laws.…

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Investigations

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Companies that act with integrity, manage risks, and investigate misconduct have a business advantage. PRAETOR FORENSIC AUDITING can help companies respond rapidly to instances of alleged fraud, bribery and other misconduct, as well as provide support throughout any subsequent regulatory, civil or criminal proceedings. Using advanced forensic technologies and data visualization tools, PRAETOR FORENSIC AUDITING gather facts and quickly identify relevant evidence to help mitigate potential damage caused by impropriety,…

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Transaction Forensics

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PRAETOR FORENSIC AUDITING assists organizations and legal counsel in identifying and mitigating financial, operational and reputational risks inherent to mergers and acquisition transactions. The law firm possess deep experience in anti-corruption due diligence, both pre- and post-close, as well as related investigations and compliance matters. In addition, the law firm is proficient in conducting in-depth risk analyses of fraud, bribery and corruption, money laundering, restrictions on trade and export, related-party…

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Privacy & Cyber Response

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From incident response, to forensic investigation, to litigation and regulatory response, PRAETOR FORENSIC AUDITING assists organizations to fight and prepare against complex cyber-attacks. PRAETOR FORENSIC AUDITING has assisted companies in responding to a range of cyber incidents including Personally Identifiable Information (PII) data thefts, business email compromises, ransomware attacks and credit card theft. The law firm combines cybersecurity and computer forensic experience with traditional investigative approaches, including interviewing witnesses, interrogating…

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Forensic Data Analytics

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PRAETOR FORENSIC AUDITING brings together extensive industry experience with data science and analytics capabilities to help businesses detect and investigate instances of data breach, fraud, waste, misuse, abuse, corruption, noncompliance and cybercrime, as well as to assist in regulatory or litigation responses. PRAETOR FORENSIC AUDITING applies machine learning, natural language processing and robotic process automation, and have deep domain knowledge. PRAETOR FORENSIC AUDITING uses analytics to help organizations identify gaps…

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Discovery & Analytics

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The diversity and dispersion of digital information continues to grow as the legal and regulatory environments become more challenging. From pre-litigation information management to post-matter data disposition, PRAETOR FORENSIC AUDITING offers managed services across the entire range of the eDiscovery life cycle. Organizations are seeking end-to-end eDiscovery solutions to help them manage legal and compliance risks and also to reduce cost. From pre-litigation information management to post-matter data disposition, PRAETOR…

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Disputes

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From helping you mitigate dispute risks in contracts and deals, to presenting commercial and financial matters in legal proceedings, to managing claims to recover losses, VAN LEEUWEN LAW FIRM provides robust knowledge from an independent perspective to safeguard value in your business. VAN LEEUWEN LAW FIRM assists companies, governments, public entities, individuals and their legal counsel in the world’s most complex disputes. VAN LEEUWEN LAW FIRM provides expert advice and…

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Incident Response & Resilience

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In dealing with crisis, the complexity of decision points, action workflows, and the monitoring of initiatives can be major challenges. PRAETOR FORENSIC AUDITING can help you find the right solutions in the aftermath of any crisis such as fire, explosions, floods, windstorms, thefts, cyber intrusions or any other catastrophic situations. By applying cutting-edge forensic technology, PRAETOR FORENSIC AUDITING can successfully manage and monitor initiatives to help organizations document and restore…

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AML monitoring and investigations

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PRAETOR FORENSIC AUDITING helps deliver meaningful, data-driven insights and skilled resources to identify suspicious financial activity more quickly and accurately, reduce the quantity of false positives, and improve the efficiency of your anti-money laundering (AML) processes. Banks and other financial institutions must carefully monitor operations for suspicious activity potentially related to money laundering and report it quickly and accurately. But the best way to conduct such monitoring and reporting is…

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