Although the Bandidos MC Holland has been banned, the ban does not apply to the local, Dutch chapters. The Supreme Court determined that on Friday. According to the Council, those chapters are independent, informal associations to which the prohibition of Bandidos MC Holland does not extend.
By this decision the Supreme Court is diametrically opposed to the advice of the general prosecutor, who states that the ban does extend to the chapters, because they would fall under Bandidos MC Holland and are therefore not independent legal entities.
According to the Supreme Court, these chapters are indeed independent legal entities. The Council relies on the law that ‘explicitly’ stipulates that a legal person that violates public order can be banned and dissolved at the request of the Public Prosecution Service (PPS). This means that the Public Prosecution Service can still have the chapters banned by taking them all to court separately.
“It is still too early to say whether we will do that,” said a spokesman for the Public Prosecutor’s Office, adding that the Public Prosecution Service is “disappointed” that the Supreme Court views this differently than we do. ‘We will first assess the decision carefully, and then see what is feasible and what is not. We are happy that Bandidos MC Holland is now definitely banned. ”
On December 18, 2018, the court of Arnhem-Leeuwarden banned the motorcycle club Bandidos in the Netherlands. The club is said to be structurally violent, including in public places. Bandidos MC Holland did not appeal against this. At the time, the court was of the opinion that this ban does not apply to the individual chapters, because these would be informal associations. They have their own board (president, vice president, sergeant at arms ), have their own name, have their own members, have their own meetings, have their own contribution obligation and have their own distinguishing marks on the clothing and they also present themselves externally as an independent unit.
The court also rejected the PPS request to ban Bandidos MC International: the OM had not made it plausible that there is a worldwide Bandidos organization that acts as an independent unit. The Public Prosecution Service appealed against the last two rulings.
The Supreme Court now maintains the judgment of the court. This means that it is forbidden to be a member of Bandidos MC Holland, or to continue activities of club in Holland. The prohibition of club activities therefore does not apply to chapter members.
The Public Prosecutor’s fight against controversial, violent motorcycle club members is not limited to Bandidos. Earlier, it also successfully brought Hells Angels, Satudarah and No Surrender to court. The Public Prosecution Service is still banning a fifth controversial club: Caloh Wagoh.
Earlier we wrote that Halls Angels still may wear their colors in Netherlands for a while.
Translated and edited by biker-news.com
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