WILLEMSTAD – The Curaçao government has indicated that it supports the introduction of harsher criminal penalties for robberies and theft committed against tourists. This position emerges from the government’s written response to parliamentary questions submitted in the Curaçao Parliament regarding proposed amendments to the Criminal Code and the Code of Criminal Procedure.
The government’s stance comes despite earlier warnings from the Orde van Advocaten, which during a technical briefing in June last year argued that increasing maximum sentences does not have a proven deterrent effect. At the time, the legal association instead advocated for greater emphasis on crime prevention and resocialization.
In its formal response, the government refers extensively to comparable legislation adopted in Sint Maarten, where the issue was reviewed by the island’s Constitutioneel Hof van Sint Maarten. That court found no major constitutional objections to introducing a sentencing enhancement for crimes committed against tourists.
According to the reasoning cited by the Curaçao government, the purpose of the proposed sentencing increase is to protect the general interest, specifically the economic well-being of the country. In destinations where tourism plays a dominant role in generating income, combating crime against visitors through higher maximum penalties is viewed as a legitimate and objective policy goal aimed at safeguarding economic stability and the welfare of residents.
The government echoes the Sint Maarten argument that complaints about safety from tourists often relate directly to theft and similar offenses. For that reason, authorities believe that criminal investigations and prosecutions should give special attention to crimes committed against tourists. In such cases, prosecutors should demand sentences that send a clear general-preventive signal, making it unmistakable that offenses targeting tourists may result in significantly higher penalties. The legislative amendment is also intended as guidance to the judiciary to take such higher sentencing demands into account.
At the same time, the government stresses that the proposed sentencing enhancement applies specifically to theft-related offenses and not to other types of crimes. It is also emphasized that the higher penalty is not mandatory; judges would retain discretion to assess each case individually and determine whether a stricter sentence is justified under the circumstances.
The proposed changes are part of a broader revision of criminal legislation, which will now continue through the legislative process in the Curaçao Parliament.