As of April 1, 2025, requests to limit the recognizability of public prosecutors will be assessed by the Central Assessment Committee (CTC) of the Public Prosecution Service. In recent years, this task was handled by the OM Committee for Safe Investigation and Prosecution (VOV). The integration into the CTC aligns with the development towards more uniform advice from the College of Chief Prosecutors.
Importance of Publicity
The principle in a criminal trial is publicity. A criminal trial can be attended by journalists and interested parties. Professional participants such as judges and public prosecutors are present by virtue of their public function.
Following the murder of lawyer Derk Wiersum in 2019, the recognizability of public prosecutors in criminal cases where safety risks exist can in some cases be limited. For example, by working under a number and/or not bringing the trial prosecutor into view. This regulation is primarily intended for cases concerning serious organized crime. In exceptional cases, it can also be invoked in other cases.
Assessment Process
As of April 1, 2025, such requests will be handled by the Central Assessment Committee of the OM. The CTC, composed of members from the OM and the police, is an internal advisory body that advises the College on the intended use of certain special investigative powers and methodologies. The chief prosecutor of the court where the case is being handled submits the request to the CTC. Based on the CTCs advice, the College then makes a decision. In urgent cases, an expedited, oral procedure is possible.
Implementation
If the College agrees to a request for anonymity in court, the OM will contact the court or the court of appeal responsible for the hearing. The OM can then, for example, ask not to allow video and audio recordings of the prosecutor in court. The OM may also ask journalists not to mention the name of the public prosecutor or attorney general. The OM will communicate these special measures in a timely manner so that journalists are not confronted with these restrictions just before a hearing.