WILLEMSTAD – The modernization of criminal (procedural) law in the Caribbean part of the Kingdom of the Netherlands is progressing, but at an uneven pace across the countries. Aruba has already implemented the revised Code of Criminal Procedure, Curaçao has adopted the new legislation but postponed its entry into force, while the legislative process in Sint Maarten has largely stalled. This emerges from the Chronicle of Caribbean Law, published this week in the Netherlands Journal of Jurisprudence.
According to the authors, work has been ongoing since the dissolution of the Netherlands Antilles to develop separate, yet substantively harmonized, criminal codes for Aruba, Curaçao, Sint Maarten, and Caribbean Netherlands. The objective is legal uniformity in criminal law and criminal procedure, given the shared judicial practice within the Kingdom. However, that uniformity has not yet been achieved.
Aruba Leads the Way
Aruba is the first country to have fully cleared the hurdle. The revised Code of Criminal Procedure has been in force there since April 2024 and, according to the chronicle, has so far been applied without significant problems.
Additional provisions strengthening the rights of suspects have also been implemented, including clearer rules on access to medical assistance and the obligation to inform family members or consular representatives in cases of deprivation of liberty.
Curaçao Delays Implementation
Curaçao adopted the new Code of Criminal Procedure in 2025, but the government has opted for a gradual implementation over several years. According to the Minister of Justice, extensive training and information campaigns within the justice chain are required before the law can enter into force.
The expectation is that the new criminal procedure framework will become effective in Curaçao in 2027.
Stagnation in Sint Maarten
In Sint Maarten, the revision of the Code of Criminal Procedure has been under consideration by Parliament since 2019, but parliamentary treatment has been effectively stalled since 2020.
Representatives of both the judiciary and the Public Prosecution Service have repeatedly urged progress, warning that continued delays pose risks to the proper administration of justice and to the legal protection of both suspects and victims.
Harmonization Still Incomplete
The authors of the chronicle emphasize that full implementation in Aruba, Curaçao, and Sint Maarten is a prerequisite for further harmonization with Caribbean Netherlands. Only once all countries have enacted the revised criminal procedural law can the Caribbean region again speak of a truly uniform and modernized system of criminal justice within the Kingdom.