On 14 June 2011, the Supreme Court confirmed a ruling by the Amsterdam Court of Appeal convicting Maurice de Hond criminally for defamation.
Maurice de Hond accused Michael de Jong ("de klusjesman") openly for the murder of the widow Wittenberg. A murder for which Ernest Louwes had been convicted. De Jong and his girlfriend started a civil action against the well-known pollster. They won the case and De Hond can therefore no longer accuse the handyman. De Hond also had to pay compensation of € 35,000.
In addition, De Hond was also criminally prosecuted by the Public Prosecution Service. He was sentenced to a suspended prison sentence of two months with probation for two years. De Hond challenged this conviction before the Supreme Court. Can he be criminally prosecuted if he was already convicted in civil proceedings for the same facts?
According to the European Court of Human Rights (ECHR) a limitation of the freedom of expression through criminal prosecution, must be necessary in a democratic society. When answering the question of whether criminal prosecution is necessary, a previous civil conviction plays a role, but not more than that. It does not rule out a criminal conviction.
According to the Supreme Court, the earlier civil conviction of De Hond had been taken into account by the Amsterdam Court of Appeal in its verdict, which is entirely conditional. The criminal conviction was justified.
Maurice de Hond does not agree with the decision of the Supreme Court and has immediately announced that he would submit a complaint with the ECHR.
Daniel Haije
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On 14 June 2011, the Supreme Court confirmed a ruling by the Amsterdam Court of Appeal convicting Maurice de Hond criminally for defamation.
Maurice de Hond accused Michael de Jong ("de klusjesman") openly for the murder of the widow Wittenberg. A murder for which Ernest Louwes had been convicted. De Jong and his girlfriend started a civil action against the well-known pollster. They won the case and De Hond can therefore no longer accuse the handyman. De Hond also had to pay compensation of € 35,000.
In addition, De Hond was also criminally prosecuted by the Public Prosecution Service. He was sentenced to a suspended prison sentence of two months with probation for two years. De Hond challenged this conviction before the Supreme Court. Can he be criminally prosecuted if he was already convicted in civil proceedings for the same facts?
According to the European Court of Human Rights (ECHR) a limitation of the freedom of expression through criminal prosecution, must be necessary in a democratic society. When answering the question of whether criminal prosecution is necessary, a previous civil conviction plays a role, but not more than that. It does not rule out a criminal conviction.
According to the Supreme Court, the earlier civil conviction of De Hond had been taken into account by the Amsterdam Court of Appeal in its verdict, which is entirely conditional. The criminal conviction was justified.
Maurice de Hond does not agree with the decision of the Supreme Court and has immediately announced that he would submit a complaint with the ECHR.
Daniel Haije