Legislator Case Law & Legislation
ECLI:NL:OGEAC:2019:211 ECLI:NL:OGEAC:2019:211 AI generated

Court dismisses non-intentional charges due to statute of limitations but convicts on money laundering and fines defendant.

Case Number ECLI:NL:OGEAC:2019:211
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court declared the prosecution inadmissible regarding four non-intentional offenses committed before July 6, 2012, due to the expiration of the limitation period. While the defense argued for total inadmissibility based on procedural violations, the court distinguished between intentional and non-intentional acts, acquitting the defendant of the latter while upholding convictions for money laundering and false invoicing. Consequently, the defendant was sentenced to eighteen months of suspended imprisonment with a two-year probation period and ordered to forfeit seized assets.

Legislator headnote

AI generated

Articles 1:19, 1:20, 1:21, 1:62, 1:67, 1:68, 1:123, 1:136, 2:184, 2:405 of the Criminal Code; The court holds that the statute of limitations bars prosecution for non-intentional offenses committed prior to its expiration, but does not affect convictions for intentional crimes committed within the limitation period.

Keywords

AI generated
statute of limitations non-intentional offenses money laundering false invoicing suspended imprisonment forfeiture of assets procedural inadmissibility

Cited Legislation

AI generated
Articles 1:19, 1:20, 1:21, 1:62, 1:67, 1:68, 1:123, 1:136, 2:184, 2:405 of the Criminal Code
Articles 2 and 74 of the Ordinance on Supervision of Currency Transaction Offices
artikel 6 van het EVRM
artikel 413 van het Wetboek van Strafvordering
art. 6 EVRM

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text