Aruba Judicial System Aruba's legal system is based on the civil law system, as in use throughout most of the world. The main difference between our system of law and the common law system is the fact that we do not have juries or grand juries. In Aruba, the investigation by the police and prosecutor is checked and balanced by a judge of the Court of First Instance. The investigating judge conducts all interrogations of witnesses during the investigation of the crime. The trial itself is conducted and decided (including sentencing) by another judge, and the final verdict can be appealed. The suspect can appeal decisions made by the judge through the Court of Appeals. Overview: 1. Aruba Criminal system is mirrored after the Dutch criminal justice system 2. Traditionally distinguishes itself from other criminal justice systems including the U.S. on many aspects including the severity of sanctions imposed 3. Basic 2 categories of criminal offenses: (i) felonies equivalent (“misdrijf”) and (ii) misdemeanor (“overtreding”) Attorneys 4. Appointed by the State or privately engaged 5. Admitted to the bar of the Netherlands Antilles and Aruba Duties and powers of the Prosecutor 6. Limited & specific powers: 7. Denominated as chief of investigation by law. Rarely directly involved in the investigation, usually provides general instructions and police in charge of investigative activities. 8. Prosecutorial decisions. Monopoly on which cases go to court. If prosecutor chooses to dismiss a case, that decision can be appealed to the Appellate Court, in which case an order to prosecute could follow. Government/executive branch does not have the power to take prosecutorial desicions. 9. Prosecuting attorney at trial 10. Execution of any sentence imposed Police investigation 11. Under supervision of prosecutor 12. Suspect must be informed of his rights 13. Suspect has the right to an attorney and not to incriminate himself 14. Hours of investigation limited. No investigation b/w 22:00 and 08:00 15. Written record is made of all interrogations, not a complete transcript, which will go on file Courts & judges 16. All judges appointed by the Queen. Not through elections or political appointments. 17. Appointed for life. 18. Judges must follow special, rigorous training of 6 years, to qualify for appointment. 19. Alternate judges can be appointed based on trial experience & specific expertise 20. Trial by 1 judge in Court of First Instance of Aruba 21. Appeals handled by 3 judges of the Common Courts of Appeals of the Netherlands Antilles and Aruba 22. Appeals at the Supreme Court in the Hague, Netherlands 23. Decision of the supreme court do no constitute legally binding precedent, there's no official stare decisis. Although lower courts tend to follow supreme court views. 24. Role of the examining judge: (i) during pre-trial to independently examine the legality of procedural aspects & well-being of suspects; (ii) upon instruction of the trialing judge to examine or cross-examine witnesses at request of defense; can't take the role of a trial judge. 25. Examining judge as a rule not the same individual as trialing judge, to ensure objectivity and impartialness Pre-trial 26. Pre-trial detention possible in cases of felonies in case that there are: “... facts and/or circumstances that can justify a reasonable suspicion of involvement in a(ny) criminal act ...” 27. Various phases of detention - Detention (“aanhouding”): detention for up to six (6) hours; followed by release or - Arrest/detention (“inverzekeringstelling”): per order of the prosecutor plus 2 X 48 hours - Examining-judge review of the procedural legality of the first 72 hours of detention - Detention (“bewaring”): extension of 8 days (so far total 10 days) - Detention (“gevangenhouding”): extensions and subsequent extensions, possibly leading up to the date of the trial 28. During this phase the defense has remedies to file for suspension of detention and/or other injunctive measures 29. Place of detention. First 10 days usually a police station, after that to the correction facility Trial 30. Suspects have right to trial within a reasonable period of time 31. Public hearing 32. No trial by jury, but by a professional judge 33. No plea-bargaining 34. No death penalty 35. No permission required by the prosecutor from the court to go to trial 36. Indictment presented, at the prerogative of the prosecutor, after investigations have taken place 37. Defense will have chance to cross-examine witnesses before an examining judge 38. Maximum sentences: (i) Life imprisonment; or (ii) limited time. Section 11 Criminal Code 39. Maximum sentence of limited time sentence is 20 years i.e. 15 plus 5 40. Life sentencing has been issued in the past by the Courts. 41. Death sentence abolished since late 1800's and since then no serious attempts to re-instate same. Principles of legality (nulla poena) 42. no conduct can be characterized as criminal, unless defined by a specific statute 43. all legal statutes are subject no very strict interpretation 44. newly imposed (heavier sanctioning) can't be imposed on a suspect retroactively 45. only penalties imposed by statutes may be applied. Requirements of criminal act in general 46. (a) conduct by a person; (b) which falls under the definition of an offense; (c) is unlawful; and (4) for which the perpetrator must be held guilty Justification grounds for criminal acts 47. (a) self defennce (“noodweer”); (b) official orders by an authorized person (”ambtelijk bevel”); (c) hardship/necessity (“noodtoestand”) Access to information in pre-trial stage 48. No obligation by the prosecutor a/o investigating officers to disclose details of investigation to third parties, incl. the media 49. Press conferences held by prosecution not customary 50. Prosecutor's office has limited authority to disclose details of the investigation to the suspects Legal age & prosecution 51. Below 18 years is considered a minor 52. In principle no jail time, but if convicted of a felony, placed at disposal of the Government a/o equivalent to “juvenile hall” a/o in combination with half of an adult sentence. In case of life sentence, maximum of 10 years Note: Although this article has been prepared carefully, it may only serve as a summary of the facts presented and its contents should not be relied upon blindly. The text is intended only as an overview of fundamental regulations of the subject and as such may contain inaccuracies and simplifications in its description of the applicable laws, regulations and case law. Application of rules and regulations in each case are on account of special circumstances and it is recommended that advice of counsel be sought in dealing with the application of the law.