Onder 3.7. Parket bij de Hoge Raad 16 februari 2016

"48. The Court notes that in the present case the disciplinary authorities’ considerations when setting the sanction concentrated on the question whether a temporary ban on practising might suffice, or whether striking the applicant off the register was required in view of the damage which the reputation of the profession had suffered as a result of the applicant’s serious misconduct. The sanction eventually imposed on him was being struck off the register. Although this is a severe sanction it affects first and foremost a lawyer’s civil right to continue exercising his or her profession (see paragraphs 39-40 above). As the Appeals Board pointed out, its aim is to restore the confidence of the public by showing that in cases of serious professional misconduct the Bar Association will prohibit the lawyer concerned from practising (see paragraph 29 above). Finally, the Court notes that being struck off the register does not necessarily have permanent effect. Pursuant to section 18 of the Disciplinary Act, a lawyer who has been struck off the register may apply to be re-registered after three years. In sum, the nature and severity of the sanctions the applicant risked incurring and the sanction actually imposed were not such as to render the charges “criminal” in nature. Consequently, the disciplinary proceedings against the applicant did not involve the determination of a “criminal charge” within the meaning of Article 6 § 1 of the Convention."

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