Instruction On Self-Reporting, Cooperation And Internal Investigations Applied For First Time

On November 22, the Netherlands Public Prosecution Service (NPPS) published a long-awaited instruction - see our unofficial translation here - outlining the framework and conditions for self-reporting and cooperation in criminal investigations into possible offences committed by legal entities. Although the instruction will only enter into force on 1 January 2025, the NPPS recently went ahead and applied the instruction to a case where a penal order was imposed on a large Dutch company.

The instruction marks a significant step towards greater transparency and clarity for companies navigating the complexities of self-reporting and cooperation. But many questions remain: much will depend on how the new guidelines are applied to actual cases and whether they gain political acceptance. Despite these uncertainties, the new NPPS instruction does provide a structured avenue for companies to follow when confronted with indications of potential irregularities. By adhering to