WILLEMSTAD - The Parliament of Curaçao has approved the new Code of Criminal Procedure with thirteen votes in favor and none against. This marks a significant overhaul of the legal framework governing criminal investigations and prosecutions. Minister of Justice Shalten Hato expects the law to take effect in January 2027.
The legislation had been pending since August 2019 and faced multiple delays. In May 2023, Minister Hato urged Parliament to expedite its approval, especially as Aruba had already implemented a new criminal code.
What Does the Code of Criminal Procedure Regulate?
The Code of Criminal Procedure is a set of laws and rules that dictate how criminal offenses are investigated, prosecuted, and tried. It outlines the rights and responsibilities of all parties involved in criminal proceedings, including police, prosecutors, judges, defendants, and victims.
Curaçao's current Code of Criminal Procedure is outdated and does not adequately align with modern legal and technological developments.
Awareness Campaign
To ensure a smooth transition, the government will launch a comprehensive public awareness campaign targeting key institutions, such as the Public Prosecutor’s Office, the Curaçao Police Force, the Court of Justice, and the Bar Association. This initiative aims to educate legal professionals and law enforcement on the new regulations.
Key Changes and Safeguards
Minister Hato assured that the new law will not negatively impact the rights of defendants. For example:
Pretrial detention periods will remain largely unchanged.
Special investigative methods, such as undercover infiltration, will still be allowed under strict conditions.
Stronger protections for victims will be introduced, including the right to compensation and access to recorded interrogations.
The new Code of Criminal Procedure is expected to modernize Curaçao’s legal system, ensuring that law enforcement and judicial processes align with contemporary standards.