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Complaint on unlimited professional wrights of silence

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Comfort against unlimited Dutch professional rights to remain silent even in front of a Judge.

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  • After some years of search for backgrounds I can mention that the absolutism of the professional right of silence provides the possabillity to commit crime within the field of profession with aid/abuse of that professional right of silence. The Dutch government prefers to keep that right absolute as most as possible.
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  • Only the person of direct interest is able to call for information basd upon legal regulations. Likewise a patient can claim a medical file (excluding the personal notes of labour of the physicsion). That files often appear to be lacking in order not to get to at a causal judgement is a an additional occurance. So far the absolute professional right of silence is able to cover everything from sight. When with second opinion (forensic/external medical) investigation new facts appear into visibillity a reversion of the obligation of proof appears, by which the professional right of silence does not know it's absolute value anymore, however the expert still remains free not to inform the judge correctly and to frustrate the proces of judgement in its integrity.
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  • The professional right to remain is silent is purely for protection of the proper group of profession. Likewise for employees claiming derivative professional right to remain. http://webcache.googleusercontent.com/search?q=cache%3AdLFCAM2IezkJ%3Awww.stichting-srz.nl%2Fnl%2Fconvenant%2Bsrz-om-politie%2F%3Fa%3Df%26r%3D16f26f9a604320a4052a6d64dd4f351f+petitie+verschoningsrecht&cd=2&hl=nl&ct=clnk&gl=nl Page 3 (in Dutch). The doctor is standing above the Judge:

    Page 3 (professional right of silence) truthfinding does not need to be a ground for braking the professional right of silence... Page 4 is also interesting: building up files outside medical matters for possible or apparent attempt of charging a client. . . 'The size of the professional right of silence. Page5: The professional right of silence is not available for the patient, but is a right that is there for the doctor to apply in order of support for his practice of silence.

    The doctor is allowed to practice in support of his duty to remain silent. The person righted to silence as a duty to appear and to remain silent…, thus. Only when the person justified to remain silent makes an unreasonable motivation for remaining silent a jusge may (has to?) overrule the decision of that doctor. But it is getting even more ‘fun’: Page 5 footnote 7: When the doctor is the criminal offender he is allowed to use patients information openly INDEED and WITHOUT PERMISSION of those patients! While at the same time they can block seizure based on and related to their field of profession, as well as searching’s Art 125 c and l SV, even as concerning financial investigation (fraud) Art 126 c SV up to Art 552 SV blocking the international criminal investigations with phone taps. Salient detail: page 18 Disclosure; proof of subjective ruling. What do you mean Public? http://webcache.googleusercontent.com/search?q=cache%3AdLFCAM2IezkJ%3Awww.stichting-srz.nl%2Fnl%2Fconvenant%2Bsrz-om-politie%2F%3Fa%3Df%26r%3D16f26f9a604320a4052a6d64dd4f351f+petitie+verschoningsrecht&cd=2&hl=nl&ct=clnk&gl=nl This covenant for doctors SRZ with Police and OM (2008) is set up after the promotion script of mr. Charlotte Nortier regarding professional rights of silence… http://192.87.209.9/pdf/43128.pdf In short, practically and theoretically (in the Netherlands) it is allowed to violate patients. The patient has so called certain rights, but in praxis this is a toothless tiger. With gratitude to the Dutch government that has achieved this in together span. (The former minister of Justice Hirsch Ballin (stated implicit) written in 2007 even, that medical violation for now still have not to be prosecuted.) The one and the other is dating from the feudal époque, but it is a violation of Ground-law in theory and violation of human rights in praxis. Reason to request that the professional right of silence should not stand above the law absolutely anymore, and that at least experts should speak under a witness-protection in front of a magistrate!
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Complaint on unlimited professional wrights of silence

  1. 1. Comfort against unlimited professional wrights of silence.What is a professional right of silence? Certain practitioners ofprofession carry a duty of silence regarding their contacts with clientsand the activities within their profession, like doctors, lawyers,notaries and clergies. This professional right to remain silent isreaching that far (in the Netherlands), that that right is placed evenabove the law, those (that can claim that right) are able to claim theirprofessional right to remain silent in front of a judge. If they choose tospeak, then they act even on their own risk, and they risk to beaddressed to justify themselves in front of a disciplinary court. Addedto this also should be mentioned that between the various disciplines adifference arose about how rigid these rules have to be applicated.Lawyers with pressing questions can apply for a consult with the Deanof lawyers, but for doctors this situation is set very difficult.Research pointed out that the cult of silence in the first place is to protect theproper group of profession above the interest of clients.By law study of the book of prosecution it showed out that the professional rightof silence also has/can have a obstructive operation in the criminal process if wetalk about the prosecution of crimes, and that is detrimental for justice and ispromoting individuals above the law in comparison to those that can not claimthat professional right of silence. The negative effects are very: those that canclaim professional right of silence can block searching on professional relatedissues as well as seizure of goods etc. And with this, there is also a collegial dutyto remain silent, which is preventing colleagues to report criminal facts whennoticing. Also international investigation-requests are being impeded with.But not only offenders are enjoying protection with their professional right ofsilence (under the obligation that blamable acts are also under that veryprofessional right of silence0, also the expert that has to supply a judicialjudging advise can claim that professional right to remain silent with then.The professional right of silence is for protecting the proper group ofprofession at the first place and is a violation of constitution becauseshe is promoting professional colleagues above others that can notclaim a professional right of silence and thus is threatening justiceseriously in her dignity. 1
  2. 2. Those that want to claim a professional right of silence still should be heard, butunder a protected/shielded status by the Judge alone. The legislation alreadyknows such a kind of protection for justice-employees involved ininvestigation / prosecution. Searching, seizure related to the professional right ofsilence, and the expert research / advise should be added to such a protection-procedure.Experts / witnesses that can claim to remain silent.Art 51j lid 3 Experts can claim to remain silent (professionally) based on Art217 to 219aArt 217 to claim to remain silent because of a close relative up to third degreeand former married ex-partners (is normal)Art 218 to claim silence by profession, office or positionArt 219a If the judge is not preventing to speak, Art 226l offers an entry forprotection (analog for employees in detection/prosecution with support of theArt 162 duty of criminal report precisely because of their profession).Art 219b To claim silence by state’s interest, other specific subject.OFFENDERS can claim silence inherent related to their profession.Art 98 lid 2 Professionally involved with right of silence blocks seizure.Art 125 c Professionally involved with right of silence blocks searching.Art 125 l Professionally involved with right of silence blocks pc-searching.Art 126 c likewise blocks searching in financial criminal investigations.Art 552 ob The government describes approval of blocks in telecommunication-tapping with a foreign country when a foreign investigation is at hand.ENTRYArt 161 Everybody carrying knowledge of a criminal offence is allowed to makea criminal report of, or either a complaint.Art 162 lid 1 duty of making criminal report for those in professional obligationby office when finding crime incidentally. 2
  3. 3. Art 162 lid 4 like as lid 1 for (organs of/and) legal person who’s tasks aredescribed by or with the law, as far as general Orders in Council are applicable.Art 226 l lid 2 protection of employees of detection / prosecution of criminalfacts according as for protected witnesses if there is a reason for. Should beplaced under Magistrates mandate Art 226 c screened execution of Art 226 t/m p 3

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