Court declares indictment invalid for missing specific persons but allows conviction for corporate waste law violation.
Netherlands (NL)
Legislator summary
AI generatedThe court declared the indictment invalid regarding charges under Article 10.3 of the Waste Management Act because the indictment failed to identify specific individuals responsible for the acts. However, the court accepted the defendant's argument that the indictment was valid for the charge under Article 13 of the Soil Protection Act, which applies to legal persons. Consequently, the defendant was convicted of the corporate soil protection violation and sentenced to a fine and compensation payments.
Legislator headnote
AI generatedArt. 261 Wetboek van Strafvordering; Art. 10.3 Wet milieubeheer; Art. 13 Wet bodembescherming: An indictment against a legal person is invalid if it fails to identify specific natural persons who performed the acts, but remains valid if the charge targets a statutory prohibition applicable directly to the legal person itself.