Court dismisses double jeopardy defense due to lack of proof of Belgian prosecution and applies Dutch law for non-nationals.
Legislator summary
AI generatedThe defense argued the prosecutor should be declared incompetent because the defendant was already being prosecuted for identical facts in Belgium. The court rejected this claim as the existence of Belgian proceedings was not substantiated by the file or the defendant's statements. Consequently, Dutch criminal law applies to the defendant's actions occurring in the Netherlands, leading to a conviction for money laundering and fraud despite the partial acquittal on earlier charges.
Legislator headnote
AI generatedWetboek van Strafrecht art. 2; Wetboek van Strafrecht art. 4: For a non-national committing a crime in the Netherlands, Dutch law applies regardless of potential foreign prosecution, and the principle of double jeopardy does not bar Dutch proceedings if foreign prosecution is unproven.