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De macht over het strafproces

PhD ceremony:mr. dr. R. (Rick) Robroek
When:December 08, 2016
Start:11:00
Supervisor:prof. dr. mr. M. (Rinus) Otte
Where:Academy building RUG
Faculty:Law
De macht over het strafproces

This research concerns the power struggle between the judge and the management board of the court over the criminal trial. This struggle concerns criminal procedural justice interests of swiftness and foreseeability. The judge and the management board are jointly responsible for these interests. The only way to achieve swift and foreseeable administration of criminal cases is to exert influence on the criminal trial. As the criminal trial is the domain of the judge, the basis of the power struggle is given.

Concerning this power struggle, the following questions have been addressed. How does the power struggle between the judge and the management board transpire? Do the contending parties abide by the applicable rules? If not, how should this struggle be qualified from a legal perspective? Does the influence exerted by the management board bring about unlawful judiciary actions in light of criminal procedural justice? Is it even possible for the management board to act in a lawful manner? Are the rules not too strict and are they necessary in guaranteeing judicial independence?

Research inferred that the management board does violate the Judicial Organisation Act, yet steer judges in a way that is not unlawful according to the criminal procedural justice rules. In fact both the legislator and the Supreme Court prefer this approach. These continuous violations are inevitable and do not infringe upon requirements of judicial independence. This research concludes with recommendations to change the Judicial Organisation Act and to legalise influence from the management board on the criminal trial.