Changes in the new Code of Criminal Procedure

Minister of Justice and Social Affairs, Mr. Rocco Tjon, announced that before reaching this point, an extensive process that began in 2013 was carried out. Given the importance of these changes, the government made every effort to finalize them, making Aruba the first partner of the Kingdom to introduce the new code. 

The first step in the new Code of Criminal Procedure trajectory is the drafting of an action plan by Ms. Monique Moss. Ms. Monique Moss was responsible for part of the Code of Criminal Procedure in the Netherlands and developed the action plan for its introduction in Aruba. 

A steering group d, consisting of the Public Prosecutor's Office, the Court, the Ministry of Justice and Social Affairs, the Police, and KIA was establishe. Also, based on their advice, two task forces were introduced, one for the part of preventive detention, consisting of the Public Prosecutor's Office, the Court, the Aruban Police, the Ministry of Justice and Social Affairs, the Probation Service, the Department of Social Affairs, KIA, Landsrecherche, the Royal Marechaussee, the Aruban Special Unit (CEA), and the Bar Association.

The other task force consisted of victim rights, involving the Public Prosecutor's Office, the Court, the Police, the Ministry of Justice and Social Affairs, the Family Justice Center, and the Bar Association. It was an extensive trajectory before parliament discussed this law to introduce changes that benefit detainees and victims. 

The Minister of Justice elaborated on the changes and what this means for the new Code of Criminal Procedure, which will come into effect on April 1, 2024.

The new Code of Criminal Procedure will give more rights to the victim. Based on these changes, the victim can access the documents involved in a criminal case, which was not the case before. Now, the victim can access the procedural documents, which is very important. In addition, the victim will have the right to speak during a case so they can express their feelings and thoughts. 

Regarding compensation, currently limited to 50,000 florins, now, based on the new Code of Criminal Procedure, there will be no limit. It means that victims can demand compensation according to what the victim deems fair if there is proof. 

As for the detainee and the victim, "fast-track hearings" will be introduced. "Fast-track" is a term used between the Public Prosecutor's Office and the Court, where a person arrested for possession of a weapon, street fighting, threats, destruction, etc., if it is a "simple" case, provisional detention is approved because it is a "simple" case, and the case goes to court much faster. It benefits both the victim and the detainee because the case resolves more quickly. All interrogations regarding provisional detention must now be recorded to guarantee the integrity of each investigation.

Finally, the authorities responsible for investigations, such as the Public Prosecutor's Office and the Aruban Police, will have much more authority to combat crime more efficiently and effectively.