Military criminal law

Like any civilian, a member of the military can be suspected of committing a criminal offence such as assault, theft or drink-driving. However, additional criminal law rules apply to military personnel, as set out in the Military Criminal Code (WvMS).

This code lists behaviors that are specifically punishable for military personnel, such as:

• disobeying an order,
• military joyriding,
• desertion,
• unauthorized absence.

These standards of conduct are punishable by criminal law. This means that military personnel are bound by more criminal law rules than ordinary citizens. The special position of military personnel means that criminal suspicion often extends beyond the criminal case itself; the consequences can affect their legal position, and therefore their career.

Interrogation by the Royal Netherlands Marechaussee

When a member of the military is suspected of a criminal offence, it is usually the Royal Netherlands Marechaussee (KMar) that conducts the investigation and interrogates the suspect.
A key difference compared to a civilian suspect is that statements made by military personnel during interrogation often end up with their commander too. The KMar provides the Ministry of Defence with information about military personnel's involvement in a suspected crime or violation of the Opium Act, for example.

Additionally, the Ministry of Defence receives relevant criminal proceedings data via the Public Prosecutor's Office liaison officer in Arnhem. Based on this information, the commander may decide to impose a disciplinary measure, such as suspension, or a legal measure, such as an official report or dismissal.

Military personnel must therefore be aware that statements made during an interrogation may influence both their criminal case and their legal position. In fact, they run the risk of two parallel legal processes.

Attitude during proceedings and right to remain silent

In a criminal case, every suspect has the right to remain silent, including military personnel. However, this is often a more sensitive issue within the Ministry of Defence. After all, accountability is a core military value.
If military personnel invoke their right to remain silent during a hearing with the commander, for example, this may be used against them later in the process.

Therefore, a careful approach to procedure is crucial: what you say or do not say can influence both your criminal and legal positions. A specialised lawyer can advise and guide you in this regard.

The military chamber of the court

If a member of the military is prosecuted, the case will be heard by the military chamber of the Gelderland District Court in Arnhem. This court has several judges who specialize in military criminal cases:

• the military magistrate,
• the military police court
• In addition, there is a multiple military chamber (consisting of two civilian judges and one military member).

The military chamber also handles disciplinary cases on appeal.
Appeals in military criminal cases are heard by the military chamber of the Arnhem-Leeuwarden Court of Appeal.

Certificate of No Objection (VGB)

A criminal charge or conviction can have far-reaching consequences for a military career.

In addition to possible legal measures (such as dismissal), a conviction may result in the Military Intelligence and Security Service (MIVD) withdrawing the Declaration of No Objection (VGB).

Without a valid VGB, military personnel cannot fulfil a position of trust as defined in the Security Investigations Act (Wvo). In practice, the loss of the VGB often results in dismissal from the position and termination of employment.

This is precisely why it is so important to obtain specialised legal assistance from the outset — from lawyers who have a thorough understanding of both criminal law and the military context, as well as the legal consequences.

Do you need assistance from a military criminal law attorney?

Are you a member of the military suspected of a criminal offence? Our military criminal law attorneys are happy to assist you expertly and carefully, and with understanding of your position. They have extensive knowledge of military criminal law and years of experience assisting military personnel during investigations and criminal proceedings before the military criminal court. We understand the unique circumstances of military personnel and the intersection of criminal law and military civil service law.