Public Prosecutor introduces HuRa (summary jurisdiction)

May 09, 2012 6:11 PM

WILLEMSTAD  - Burglaries, shopliftings and brawls are considered minor offences that often pile up because raids, firearm violence, drug smuggling and grievous bodily harm have priority. However, summary jurisdiction will change this.

The Public Prosecutor gave an explanation yesterday. Since a few weeks, there’re experiments with HuRa, abbreviation for Hustisia Rapido (summary jurisdiction). The basic assumption is a tit for tat settlement of relatively recent minor cases with a direct communication with suspect and victim. ‘In court’ agreements are made and confirmed immediately on claims, rehabilitation or guardianship counseling, and possible electronic supervision and community service. If a case ends in a transaction or conditional dismissal, the conditions are immediately determined, put in writing and ratified. Wherever possible summons are issued. Cases are removed from the list when the conditions are met. This will increase the motivation for community service. An important point is that the perpetrator is a first-offender and that there’s sufficient evidence at hand in the case. There mustn’t be any question of an investigation interest.

Foul play and procedure
 
The HuRa-sessions are held every week on Tuesday and Thursday from ten to twelve with an officer of Justice, the court secretary and an administrative-legal employee in the HuRa-chamber in the cellar of the Temple. They study ‘simple cases’ from the court pile and settle these during session allowing as much contact as possible with the suspect and victim. The latter are summoned to court, if possible the following morning. Furthermore, the criminal investigators of the district teams will deliver new so-called ‘six-hour cases’ for assessment and settlement. These cases regard suspects who were released six hours or sooner after their arrest.

Punitive card
 
HuRa is applied for example with people who’ve stolen a Blackberry from a store, which offence occurs frequently. The HuRu is not meant for drug smugglers carrying less than 100 grams or a girlfriend who attempted to smuggle one gram of marihuana to a detainee during visiting hours. In such cases the perpetrators will usually receive a suspended sentence. As regards relational violence, the Public Prosecutor is very cautious in applying the summary jurisdiction. “An exception is made when only one blow is dealt in the entire relation and the perpetrator is conscious of the fault”, Veen-Jonkhout explained.
 
According to Jan-Willem de Jonker from After-care and Rehabilitation, the association has sufficient locations and manpower for the clients regarding the imposed alternative punishments and course. “If they cooperate, the course will proceed very smoothly.” If an offender observes the imposed conditions during two years, the offence will only be mentioned as dismissal on a punitive card and there’ll be no problem obtaining an evidence of good behavior later on. The difference with a criminal record is that it’ll be included on the last-mentioned verdicts with convictions by the judge.