Imposing a penalty is no longer the preserve of a court judge. There is an increasing tendency to move away from criminal to administrative enforcement by means of the imposition of an administrative fine. Basic concepts in criminal law, including co-perpetrator and de facto leadership, have been introduced to administrative penalty law. The boundaries between criminal law and administrative law have become smaller. In addition, the regulatory authorities are now often not only the regulator, but also special investigators. They wear two hats: an administrative one and a criminal one, either of which are not always discernible from the outside. What guarantees does a company under investigation receive? What rights and obligations does a (legal) person under investigation have? To what extent are they required to cooperate with the investigation? And, what opportunities are there to provide a defence?
Liesbeth Driest, Marleen de Putter, Pia Schmelzer and Irene Verheijen are specialised in santions law. They have extensive experience with the often complex regulations and the sensitivity of the issues at hand when a business, its management or its employees are threatened with being punished. They will assist you in whatever way they can if you are faced with an impending penalty by a regulatory authority (such as The Human Environment and Transport Inspectorate (Inspectie Leefomgeving en Transport (ILT), Netherlands Authority for Consumers and Markets (Autoriteit Consument en Markt (ACM)), Dutch Food and Consumer Product Safety Authority, Gambling Authority, Health Care Inspectorate, Dutch Healthcare Authority, Inspectorate of Social Affairs and Employment (Inspectie Sociale Zaken en Werkgelegenheid (ISZW)), the (functional) administration or in the event the (economic) criminal court.
The following partners are specialized in Sanctions Law: