Friday 16 May 08 - 05:43
 

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Dutch Courts Put Heat on Ports

Following a reorganisation of the Justice Department in the Netherlands last year, and as a result of an ongoing restructuring of the Coast Guard, there has been a noticeable increase in the number of criminal prosecutions being pursued against the shipping industry and against maritime personnel.
Criminal prosecutions against the shipping industry are up in the Netherlands.
Criminal prosecutions against the shipping industry are up in the Netherlands.

Many more maritime related inspections and investigations are now being conducted than ever before and a number of dedicated staff in the Justice Department are working on criminal law involving the shipping industry. Typical offences involve collisions, pollution, endangering life, negligence, and intent to hinder navigation.

Haco van der Houven van Oordt, partner at Dutch law firm AKD Prinsen Van Wijmen said, ‘There has been an increase not only in the number of criminal prosecutions in shipping but also in the severity of judgements. Custodial sentences have been handed down by the courts where previously a fine might have been deemed sufficient. In a recent case, an officer of the watch on a vessel involved in an incident was given a three month suspended prison sentence. And seafarers who legitimately decline to respond when questioned during initial investigations into an incident mat find themselves taken to a police station for “questioning”.

‘Maritime criminal work is on the increase in the Netherlands and we expect there to be a further substantial escalation over the next few years. We feel it is incumbent on us to protect the interests of our shipowner and operator clients and the personnel employed by them by taking steps now to bolster our team.’

One new recruit is Wouter Moolenaar, until recently an assistant public prosecutor specialising in maritime cases, who added, ‘Quite apart from working directly in the interests of owners and crew who find themselves embroiled in criminal proceedings, we have a vital role to play in informing the shipping industry and the P&I clubs about their increased exposure to criminal prosecution and the severe civil consequences thereof when involved in an incident while operating to Netherlands ports.’

MJ Information No: 22529

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Criminal prosecutions against the shipping industry are up in the Netherlands.

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