WILLEMSTAD - Eduard Braam can once again become a minister. The parliament member for the MFK party had previously withdrawn as a candidate for Minister of Justice in the Pisas cabinet after a ruling from 2000 revealed that he had been convicted of indecent assault with a 16-year-old former patient. Braam is a physician.
However, Braam did not receive a sentence for that conviction. The judges found no reason for it because he had no criminal record and had already suffered enough social damage as a result of the legal proceedings, rendering a punishment or measure unnecessary.
Screening Law
To determine whether Braam is eligible to be a minister, the MFK politician initiated a lawsuit, which he largely won on appeal yesterday.
The key question in this case was whether his conviction without a sentence aligns with the screening law, which determines, among other things, whether someone is allowed to become a minister after a judicial investigation.
The judges now state that, according to the terminology of the Code of Criminal Procedure and the Criminal Chamber of the Supreme Court, a suspect is only considered convicted when the court imposes a sentence on the defendant in a ruling.
Still Considered Criminal
From the moment the criminal court pronounces a conviction and imposes a sentence, the suspect is considered a convicted individual. In Braam's case, he did not receive a sentence, so he is not considered a convicted individual. Although there was a finding of guilt, the proven offense was declared punishable, and Braam was identified as a suspect for which the offense was punishable.
The judges also state that if the legislator wanted to exclude candidate-ministers who were guilty of a crime but did not receive a sentence, they should have clearly expressed this in the text of the law or in the accompanying explanation.
Eduard Braam expresses his satisfaction with the ruling and says he can now focus on the future. He has always maintained that he was not convicted. The nuance lies in the fact that the determining factor for assigning the label lies in whether or not the word "sentence" is applied, rather than the proven offense being declared punishable.
Ministerial Position
Due to the vacant ministerial position in the Ministry of Health, Environment, and Nature, currently being temporarily filled by the Minister of Finance, Braam could be directly nominated for the position.
"I have not been approached by the MFK party to take on this position, but I definitely have ambition," says Braam.