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Paul Notenboom. Public Prosecutor Deputy director of B.O.O.M., Criminal Assets Deprivation Bureau of the Public Prosecution Service, the Netherlands. Goal. To keep criminal assets away from the criminals forever. Investigating a criminal act. crime. preliminary investigation. prosecution.
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Paul Notenboom • Public Prosecutor • Deputy director of B.O.O.M., Criminal Assets Deprivation Bureau of the Public Prosecution Service, the Netherlands
Goal • To keep criminal assets away from the criminals forever
Investigating a criminal act crime preliminary investigation prosecution Execution arrest & search action plan • Goals: • convicting • criminals / • rounding up • criminal • organisations • -taking away • criminal • capital Criminal investigation • Goals: • convicting • criminals / • rounding up • criminal • organisations • -taking away • criminal • capital financial investigation
Decision to prosecute decision to prosecute: trial plea bargaining dismissal criminal investigation financial investigation confiscation deprivation injured parties tax authorities other countries ?
Investigative Powers: • Open sources • Land Register • Chambers of Commerce • the Internet • Semi-open sources • registration number register • register of births, deaths and marriages • Police registers
Investigative powers: • Searching a dwelling or premises • Recording confidential information • Recording communication by means of a technical device (tap)
Investigative powers: • Post capture • Observation • Entering a closed place and the powers in this place • Claiming the provision of traffic data • Claiming other data
Investigative powers: • Infiltration • Pseudo purchase • Systematic enquiries
Decision making framework • Legal – is it allowed? • Practical – is it possible? • Tactical – is it effective? (risks and opportunities) • Proportionality – the violation of the rights of the suspect / civilian weighed against the severity of the crime or the purpose of the investigation • Subsidiarity – are there any other (less invasive) possibilities or methods of investigation to obtain similar results?