Buncampers not guilty of 7 of 8 charges against them
Only fined for incorrect tax filings ~ PHILIPSBURG -- After eight years of criminal prosecution and being accused of a plethora of far-reaching, negative, criminal acts, Claudius and Maria Buncamper were acquitted of 7 of the 8 charges brought ...
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www.smn-news.com
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Dear Reader
Our a special report outlining the views of the Public Prosecutor's Office on the statutes of limitations pertaining to the length of investigations, in particular those of politicians, other public figures and prominent citizens on St. Maarten takes on an extra dimension when we read
the outcome of the Buncamper appeal case
.
Below in this newsletter in part 5 we questioned the Public Prosecutor whether it is allowed for investigations to last so long, whether the so-called "statutes of limitations" exist in the laws of Country St. Maarten and who checks and oversees this.
The press officer was kind enough to share not only the answer to the posed question but also the links to the relevant laws and jurisprudence cases pertaining to the oversight questions.
Happy readings!
StMaartenNews.com
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StMaartenNews.com Special Report
7-parts series about the Public Prosecutor's Office views on the lead times of investigations
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This is a special report brought to you by StMaartenNews.com outlining the views of the Public Prosecutor's Office on the statutes of limitations pertaining to the length of investigations, in particular those of politicians, other public figures and prominent citizens on St. Maarten.
The introduction to this special report can be read online via the following article:
Part 5 - Is it allowed for investigations to last so long and who checks and oversees this?
In
part 4 we discussed the length of investigations carried out by the Public Prosecutor's Office. Specifically, we wanted to know how long does this actually take in St. Maarten? Unfortunately, no hard data into the lead times of the criminal justice chain exists on St. Maarten.
In this part we question whether is allowed for investigations to last so long, the so-called "
statutes of limitations" and who checks and oversees this.
The Public Prosecutor's Office made the following statement to StMaartenNews.com:
The "statutes of limitations" are included in the Criminal Code of Sint Maarten ('Wetboek van Strafrecht ' - WvSr). After the expiration of these terms, the right to prosecute will lapse and the OM will be declared inadmissible by the criminal court. This is regulated in
artikel 1:145 WvSr
. Judgements of the Supreme Court show that the criminal judge sometimes takes into account the long course of the investigation and applies some penalty reduction for compensation. A standard judgment was issued in
2000
with an assessment framework and rules of thumb to be applied when the reasonable term was exceeded. This judgment was further refined and revised in
2008
. There is also a complaints procedure that can be brought before the Court if the person concerned thinks that he has to wait too long for a decision. This is regulated in
artikel 15 lid 3 WvSv
.
The conclusion is that the statutes of limitations are regulated by law in St. Maarten and the courts oversees the adherence to this. The right to question the length of investigations is also laid down in a complaints procedure within the court system.
In part 6 we will discuss the question whether prosecutor investigations can not be executed any faster.
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StMaartenNews.com Top Stories
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Saba's airport runway reopens after 28 days
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Mentally ill man steals car and mistreats security officer
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Investigation continues into shooting of business owner...
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(FR) Sint Martiner, Cliff Ismael killed in Lauderdale Lakes
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Minister Johnson receives Maximum Price List 2018...
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PM visits PSS new location
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My88.3 begins roll-out of new shows with 'My A.M. Shine'
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SMMC to hosts a World Bank Project Launch series
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Members of Parliament tour "Hurricane Shelters"
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Letter to Curaçaoan and Dutch Authorities on Venezuela...
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Local fundraisers help sustain the island during rebuilding
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StMaartenNews.com Weather
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Weather Forecast: Tuesday to Thursday
DATE ISSUED: Monday, October 15, 2018 @ 18:00 LST (22:00 UTC) VALID UNTIL: Tuesday evening (18:00 LST) October 16, 2018 Tonight: Partly cloudy to cloudy and breezy with isolated showers and possible isolated thunderstorms. Tuesday morning through ...
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NAGICO Dubs Oct. as Customer & Community Appreciation Month
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AOV PENSION STATUS SURVEY FOR RESIDENTS OF DUTCH SINT...
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NAGICO launches the Hurricane Xtra Policy
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StMaartenNews.com Billboard Notices
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Rotary Club of St. Martin Sunset reads at schools
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Countdown to October 30 Career & Study Fair 2018
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Review LuminAID Packlite Max, a Solar Powered Phone Charger
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EPIC to Host Full Moon Kayak with Halloween theme
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No - 14%
Yes - 57%
Only on sidewalks - 0%
No, more parking spaces should be created actually! - 29%
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Should a referendum about the introduction of a new currency be held?
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StMaartenNews.com - Regional News
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Three Dominican Republic fishing 'motherships' interdicted
CORAL HARBOUR, Bahamas (RBDF) - The Royal Bahamas Defence Force (RBDF) escorted 124 fishermen from three Dominican Republic "motherships" to Nassau after being apprehended in Cuban waters by the Cuban Border Patrol for poaching in Bahamian...
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StMaartenNews.com Advertisement
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FOR SALE: Red 2018 Hyundai Grand i10
Asking price $11,000 US Dollars. Call or whatsapp 588-0800 for more information.
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StMaartenNews.com Online News Stories
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Jamaicans Urged to Make Buildings Earthquake Resistant
KINGSTON, Jamaica, Monday October 15, 2018 - Executive Director of the Caribbean Disaster Emergency Management Agency (CDEMA), Ronald Jackson, is urging Jamaicans to invest in reinforcing structures to withstand a high-magnitude earthquake. He...
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Let's Cruise - Eastern, Western, Southern Caribbean...
Lets-Cruise.co is offering cruise vacations on the best and biggest cruise ships in the world with brand name cruises and destinations in the Eastern, Western and Southern Caribbean, Alaska, Europe and the Mediterranean, ...
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Barbados Government Workers to Lose Jobs
BRIDGETOWN, Barbados, Monday October 15, 2018 - Hundreds of government workers in Barbados - but not more than 1,500, mostly in temporary positions, will be laid off over the coming weeks as the Government continues to execute its International...
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Regional Governments Finally Paying Off Arrears to UWI
BRIDGETOWN, Barbados, Monday October 15, 2018 - A CARICOM leader's "shuttle diplomacy" appears to be prompting governments to clear arrears in contributions to the University of the West Indies (UWI) as the Vice Chancellor reports progress in...
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StMaartenNews.com Dutch News
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Summer time, winter time or both? Dutch MPs are divided...
Dutch MPs are supposed to decide by the end of the month whether to back dropping winter or summer time - in line with Brussels' plans to stop moving the clock - but are still divided, the AD reported on Tuesday.
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New tax plans will be better for the economy...
The government's revised tax measures to boost the the Netherlands' business climate will be better for economic growth than scrapping the tax on dividends, junior finance minister Menno Snel has told MPs. Nevertheless, reducing or scrapping the...
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Rijksmuseum to restore Rembrandt's Night Watch ...
Experts at Amsterdam's Rijksmuseum will begin a major project to restore Rembrandt's 'The Night Watch' in July next year, and members of the public will be able to follow the process both in the museum and online.
Read more
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SXM Daily News - 10 Oct 2018
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Book your November trip with AirSXM
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Looking for a November vacation trip? Search for flights, hotels, car rentals and vacation packages online on AirStMaarten's booking site.
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