chimpanchu
New Member
Big A.D. said:Well that depends on the actual wording of the proposed law, doesn't it?
Many crimes require intent (mens rea) to be proved before someone can be found guilty of committing them. Since the Netherlands use Roman-Dutch law which is heavily reliant on the Napoleonic Code (which in turn relies on the Corpus Juis Civilis laid down by Justinian I), the inquisitorial system a case would fall under would of course take the writer's intent into account - it has to be because the whole case is based on speech which is, in itself, harmless. The actions the speech intends to provoke would determine the intent of the speaker, so if you wrote about the imminent collapse of a bank and told people to take their money out before it went under you may actually cause a bank run even though your intent was to help the depositors rather than damage the bank.
It simply wouldn't be possible to criminalise causing a bank run like you're suggesting because that would mean anyone who withdrew money from a bank before it collapsed, let alone told anyone they'd withdrawn money, would have committed a crime - someone simply paying a deposit on a new house would be "causing a bank run" by transferring money out of their account and into the vendor's.
Ask you self this question. Why would citizens would want to take down banks if banks doing honest and fair business and if putting money in a bank is safe? The average citizens do not and will not ban together and plot to take down a bank or two, neither they want to without any good reasons. In fact it is in their best interest for banks to stay in business, because they have money in banks and how inconvenient can it be to have all of your money stuffed under your mattress?
Only when banks went to far and their deposit in those banks are in jeopardy then there is a massive withdrawal out of the banks. Without credible reasons people won't do this. And when bank run does happen it will be for a good reason on depositors side.
IMO when the people have the power to take down banks this is not necessarily a bad thing. In fact in my view is a good thing. Bankers through out history possess a tremendous power if left unchecked can cause alot of financial mayhem on the street and average joes the ones that suffer. This is why President Andrew Jackson banned together with the people and took down the Second Bank of America (equivalent to today's Fed Reserve).
This legislation is wrong in so many level. At worst it is use for capital control, at best it is to get the camel nose under the tent for even worse banking law in the future.
Think about it, why all over sudden Government decided to ban "Bank Run" speech in public??? Why "Bank Run"? Why now? Why not banning speech about "Communism" instead, or "Terrorism"? I think bank insolvency is in the horizon for the dutch, bank run is due more than ever. This is why the government and bankers coming down with this legislation to stop depositors to take their money off the bank before they collapse, so bankers can make a run with depositors money.
People need to stand up straight and stop being bank's pushover.