Prosecutors: Ministers and MPs are subject to criminal law too

ORANJESTAD — Citizens, ministers and members of Parliament are subject to the same criminal law, but prosecuting officeholders for offenses committed in their official capacity requires an additional safeguard, Aruba’s Public Prosecutor’s Office (OM) explains.

According to the OM, a criminal investigation begins with reasonable suspicion of an offense. Prosecutors direct the investigation, while judges oversee the legality of measures restricting liberty or privacy, including pretrial detention, telephone interception and certain searches.

Since April 1, 2024, Article 476 of the Code of Criminal Procedure has required prosecutors to obtain authorization from the Joint Court of Justice before summoning a minister or MP to stand trial for an official offense. This safeguard aims to prevent criminal law from being used as a political instrument; it does not place officeholders above the law.

Aruba follows ordinary criminal proceedings, including the possibility of appeal and cassation. The OM notes that the Netherlands has a different system for official offenses by such officeholders: the Supreme Court hears these cases directly, without an appeal. The report Niet boven maar in de wet recommends changing the Dutch system to allow appeal and cassation as well.