Criminal Liability of Political Decision-Makers in the Netherlands

Dutch criminal law does not provide for criminal liability for a political decision-maker who decides to build a bridge, if thereafter the project runs out of control or the bridge appears not to justify the funds spent on the project. This is most probably even the case if the decision-maker knew or suspected beforehand that there would be a budgetary overrun. Multiple offences, however, cover behaviour that could be related to the maladministration of such a project, such as embezzlement or forgery of documents. Nevertheless, there exists a public office offence of acting contrary to laws or regulations, which could be applied against government ministers or under-ministers. This offence is never used due to very protective procedural arrangements shielding national politicians from light-hearted prosecution. There is a different situation regarding corruption offences, which are defined very broadly. These offences do not require the civil servant to have acted in breach of a public duty, and there is no threshold as to the value of the gift or promise offered to him. Corruption offences also apply to acts committed before an appointment, if that appointment ensues. These offences are therefore among the main instruments for tackling misbehaviour in public office