Contempt of court
On 18 December 2019, Marianne Lochs defended her thesis 'Contempt of court'. The doctoral research was supervised by Prof. C.P.M. Cleiren and Prof. J.H. Crijns.
- Marianne Lochs
- 18 December 2019
- Leiden Repository
What can criminal courts do when the course of justice is obstructed? Countries such as England and Wales apply the instrument contempt of court, which enables the court to act according to criminal law in such a case. Could that work in the Netherlands too?
Lochs established that contempt of court cannot simply be implemented into the Dutch judicial system. It is a collective term for a variety of instruments that are related in some cases to procedural aspects which do not exist in the Netherlands, such as trial by jury. That said, the concept could form an inspiration for instruments that could contribute significantly to ensuring the due administration of criminal justice. For example, the courts should have the option to attach consequences to the refusal to carry out an order, such as the possibility to bar the public prosecutor. Another effective rule could be the requirement that politicians, in principle, refrain from making comments on pending proceedings.