Universiteit Leiden

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Institutions for Conflict Resolution

Complaints against non-prosecution

Complaints against decisions not to prosecute in socially sensitive issues.

Article 12 of the Dutch Code of Criminal Procedure offers the possibility for directly interested parties to complain against a decision not to prosecute by the Public Prosecution Service. This procedure is also applied in socially sensitive cases such as the prosecution of Dutch politician Geert Wilders for inciting hatred. Article 12 of the Dutch Code of Criminal Procedure was originally intended as a corrective mechanism on the prosecution monopoly of the Public Prosecution Service. However, later the private interests of applicants and victims gained a more central place. Now it seems to have taken on a third function: as a release valve for social discontent. In this research project, media analysis, case studies and a normative analysis are conducted to examine what contribution Article 12 of the Dutch Code of Criminal Procedure offers and could offer in solving the social conflicts that underlie these cases.

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