Contempt of court: Een meerwaarde voor de goede strafrechtspleging in Nederland?

Abstract

With, among other things, the great interest in criminal cases, increased empowerment of citizens and more polarisation in the courtroom, the question arises whether the judge is still sufficiently equipped to perform his task properly. It is regularly suggested that there is a need in the Netherlands for the Anglo-Saxon instrument of contempt of court. This study therefore mapped out what contempt of court means, focusing on the legal system of England and Wales. To assess the aforementioned suggestion, an inventory was also made of what comparable safeguards for good criminal justice already exist in the Netherlands. By comparing the findings from both legal systems, it is concluded that contempt of court is an instrument that does not lend itself well to implementation in the Dutch legal system. Moreover, it appears that a fairly adequate system of safeguards exists in the Netherlands. Where enforcement options are nevertheless inadequate, some instruments more suited to the domestic legal culture are proposed. While these instruments may contribute to safeguarding good criminal justice, it has also been shown that many challenges facing criminal courts today cannot be solved with a contempt-like provision. The findings are therefore also placed in broader perspective.