Directions mainly concern the investigation, prosecution, and execution policy. Directions may also relate to the performance of (investigative) duties by the police and other investigative bodies under the authority of the Public Prosecution Service (“OM”). Directions regarding the application of sanctions, the settlement policy, and the policy on sentencing and penalties demanded by the Public Prosecutor are called the prosecution guidelines.
Directions have legal effect and bind the Public Prosecution Service based on principles of due process of law insofar as it concerns regulations that, as to content and scope, are suitable to be applied as rules of law to those concerned. It concerns regulations and rules that are generally applicable and are/must be implemented. Therefore, citizens can derive rights from them. Directions are published on the website www.gobierno.aw, www.overheid.aw, www.government.aw and on the website of the Public Prosecution Service www.omaruba.com.
The prosecution guidelines are directions regarding the application of sanctions, the settlement policy, and the policy on sentencing and penalties demanded by the Public Prosecutor. The prosecution guidelines are also generally applicable and must be applied, citizens can derive rights from them and they are published on the aforementioned websites.
In addition to directions and the prosecution guidelines, the PG may also issue instructions. Instructions have no external effect. These internal rules are not suitable for that purpose as to content and scope. Third parties cannot derive any rights from them. Where appropriate, it can nevertheless be useful to publish internal instructions. In such cases, this is done by publishing them on www.omaruba.com. This publication does not mean that third parties can rely on these instructions in court.
Directions, prosecution guidelines, and instructions apply for an indefinite period.
You may find more information in the following documents (in Dutch):
- Aanwijzing Regeling Criminele Inlichtingen (CI) Aruba
- Aanwijzing voorlichting opsporing & vervolging
- Richtlijn informeren van slachtoffers van zedendelicten en ernstige levensdelicten bij (voorwaardelijke) invrijheidstelling
- Richtlijn Landsverordening verdovende middelen
- Richtlijn Atraco’s (Overvallen)
- Richtlijn verkeershandhaving
- Richtlijn Vuurwapens en Munitie
- Richtlijn woningbraken en inbraken overig (waaronder autocriminaliteit)