Governmental Bodies and Sanction law

Governmental bodies themselves more often than in the past encounter criminal investigations. With the abolition of the (partial) immunity of public legal persons, citizens will be able to raise more frequent (successful) complaints challenging a failure to prosecute, a municipality or a province. The issues raised may, for example, relate to the granting of a permit, the quality of supervision exercised on an event or on a building project, enforcement of public order and the conduct of the police as well as the conduct of the highways authority. It is not just the public prosecutor but also the Dutch Safety Board that regularly conducts investigations into the conduct of governmental bodies. Issues of integrity may often trigger an internal or an external investigation. 

All these kinds of investigations may have a major impact on the organisation and on the individuals involved (director, functionary or elected representative). Political and media interests may play a part. The relationship between those interests and determining the right (defence) strategy may give rise to tensions. Wladimiroff's lawyers have long standing experience in providing legal assistance in such complex situations. 

  • Criminal liability of legal persons subject to public law
  • Criminal liability of directors and functionaries
  • Duty to report and advice and assistance when making a report
  • Breach of confidentiality
  • Integrity investigations