In mid-2022, the Public Prosecutor’s Office received a notification from the Immigration Service that there may have been false returns (so-called “bvt”) in circulation. Subsequently, the Public Prosecutor’s Office instructed the Landesrecherche to investigate the facts surrounding the issuance of return certificates.
In this fact-finding, the relevant legislation was investigated by the Landesrecherche and several witnesses were heard. It follows that, as far as the powers relating to the issue are concerned, the minister concerned is competent to issue a certificate and DIMAS, as the executive department normally responsible for that task, is. The procedure is that an application for a licence goes through DIMAS.
The investigation found that six (6) bvts had not passed through DIMAS but had passed through the Minister’s office and had been signed by the Minister. The foregoing does not mean that it can be concluded that there are false writings. After all, the Minister has jurisdiction. There was therefore no suspicion of a criminal offence. The investigation is therefore closed and no criminal investigation will be initiated.
The Minister has been informed of the decision of the Public Prosecutor’s Office and the Attorney-General has also made clear to him the risks of deviating from the prescribed procedures. The departure from procedures makes it difficult to control and supervise public services. This can lead to abuse, confusion and ambiguity, which in turn can have a negative effect on trust in government.
