| Popis: |
In the post-9/11 era law and policy in the field of security and criminal justice in the Netherlands have obtained a preventive focus aimed at excluding risks and providing security. In particular, antiterrorism legislation has been adopted to optimize the prevention of terrorism with a central role for the criminal justice system. Focusing on those measures that have affected the criminal investigation, this chapter pays special attention to the Act on the criminal investigation and prosecution of terrorist crimes. By this Act a new investigative domain for terrorist crimes has been adopted, in which special investigative techniques can be applied upon the lower threshold of ‘indications’ in order to strive towards preventive goals. Furthermore, through a combination of other anti-terrorism legislation, case law and policy, cooperation between the intelligence service and the police and prosecution service has been intensified. Lastly, the counterterrorism measures in the field of administrative law are dealt with insofar as they result in a possibly different relation between criminal investigative activities and administrative supervisory activities. On the basis of the description of these different developments in law and policy, a conclusion will be drawn identifying the specific characteristics of the anticipative criminal investigation as has been adopted in the Netherlands. |
