Economic criminal law consists of all crimes and offenses that fall under the Economic Offenses Act (WED). The WED refers to dozens of laws on various themes, including health and safety legislation, the environment, financial supervision, agriculture, and much more. <\/p>\n\n
The WED is a framework act that enables criminal sanctions for the violation of mostly administrative regulations. For example, a company that fails to comply with certain labor law regulations can, in addition to administrative sanctions, also be prosecuted under criminal law based on the WED. The WED thus forms a bridge, as it were, between administrative law and criminal law. <\/p>\n\n
Economic criminal law includes not only provisions on which offenses are criminalized, but also procedural provisions regarding the manner in which and the extent to which those offenses are sanctioned.<\/p>\n\n
Unlike “ordinary” criminal offenses detected by the police and sometimes the criminal investigation department, many different authorities are responsible for the investigation of economic offenses. Given the criminal nature of the investigation, the Public Prosecution Service will always be involved in the investigation at some point. In addition, however, there are various special investigation services that deal with supervising compliance with the regulations within their area, as well as the investigation of violations thereof. <\/p>\n\n
Consider, for example, the Labor Inspectorate which supervises health and safety legislation, the FIOD which investigates tax fraud<\/a>, or the Human Environment and Transport Inspectorate (ILT) for everything concerning environmental legislation and transport, etc.<\/p>\n\n Examples of other investigation authorities that detect economic offenses are the Dutch Authority for the Financial Markets (AFM), the Dutch Central Bank (DNB), and the Netherlands Food and Consumer Product Safety Authority (NVWA).<\/p>\n\n Both natural persons and legal entities can be prosecuted for economic offenses. It is also possible for both to be prosecuted for the same act. In the event that a company fails to comply with certain environmental regulations, both the manager and the company itself can be prosecuted and punished for the violation of those regulations. <\/p>\n\n In the event that a criminal offense is committed within the sphere of a legal entity, it is often not immediately clear who is liable for that offense. Economic criminal law is therefore closely related to corporate criminal law<\/a>. Attorneys at our firm specialize in both areas and can therefore properly inform and advise you on the rights, obligations, and procedural options that you and your company have when you are the subject of a criminal investigation. <\/p>\n\n Like all criminal offenses, economic offenses can be distinguished into felonies and misdemeanors. Certain economic offenses mentioned in the law are classified as a felony when the offense is committed intentionally. The other offenses are misdemeanors. The maximum penalty that can be imposed for economic felonies and misdemeanors respectively is not the same for every offense. A maximum prison sentence of six years can be imposed for a felony, while for a misdemeanor this is a maximum of one year. <\/p>\n\n In addition to prison sentences, community service or fines can also be imposed. For a felony, a fine of at most the fifth category (\u20ac103,000) follows. For a misdemeanor, the maximum is a fine of the fourth category (\u20ac25,750). <\/p>\n\n Economic criminal law is very broad and includes numerous substantive and procedural rules. Good legal assistance is therefore of great importance and can only be provided by an attorney with sufficient legal and specialist knowledge and skill in this complex matter. A conviction can not only have very significant consequences for you, but also, for example, for your company and your employees. <\/p>\n\nWhich persons can be prosecuted for economic offenses?<\/h2>\n\n
What penalty can you receive for committing an economic offense?<\/h2>\n\n
Why hire an attorney if you are suspected of an economic offense?<\/h2>\n\n