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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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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!


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7-parts series about the Public Prosecutor's Office views on the lead times of investigations
This is a special report brought to you by 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

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. Top Stories
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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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No - 14%
Yes - 57%
Only on sidewalks - 0%
No, more parking spaces should be created actually! - 29%

Poll sponsored by  StMaartenFlowers.comwhere you order online and we deliver offline.
Should a referendum about the introduction of a new currency be held?
Yes - Regional News
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SXM Daily News - 10 Oct 2018
SXM Daily News October 10, 2018

Uploaded by Ricardo William on 2018-10-11.

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