Suspect accused of selling suicide drug X commits suicide before verdict

A 77-year-old from Castricum who committed suicide this week is the same man suspected of illegally selling what prosecutors call Middel X or Drug X, a substance distributed through underground channels to help people end their own lives. The man's death was confirmed by the Public Prosecution Service (OM) on Tuesday based on the police investigation, just one week before his verdict was to be read in court.

With his death, the criminal case against him has ended, the OM confirmed. Suspects in criminal cases are not allowed to be tried posthumously under Dutch law.

The trial against Tom de M. was took place on June 25 in Breda. Prosecutors claimed De M. was linked to seven deaths. The OM has notified the relatives of these people of the suspect's passing. The OM recommended 2.5 years in prison against the man, with six months potentially suspended if the suspect adhered to certain conditions.

De M. was accused of selling the deadly Drug X on the internet. The substance is typically packaged with an antiemetic medication to prevent vomiting, which can also make it harder for someone attempting to end their life to recover if they decide at the last moment that they no longer want to die.

According to the OM, over 223 people had placed an order on the man’s website, and he had earned 74,400 euros from the criminal trade. “The suspect treated the lives of others very lightly,” said the prosecutor during the hearing.

One of the people who died after buying the suicide drug from De M. was Marijn from Vinkel, a village in Noord-Brabant. He ended his life in March 2021 at 33 years of age. His mother responded to the news of the suspect’s death via her lawyer, Sebas Diekstra.

“She thinks this is a sad ending and did not want it to go this way. Despite the enormous suffering that she has been through, she had forgiven the suspect to some extent. Her wish was that the suspect would feel the impact of his deeds, and it seemed like he had during the substantive treatment of the case,” said the victim's lawyer. “Punishment or retaliation doesn't make her feel better, and his death certainly doesn't."

The court’s hearing to announce the verdict in the case remains on the docket for July 9. Now that the suspect is no longer alive, he cannot be prosecuted, and the court case will be closed on the day of the hearing. The prosecutor will ask the court to declare the Public Prosecution Service's case as inadmissible.

The case against De M. was the third significant court case regarding the sales of the Drug X. The District Court in Arnhem will rule on Thursday in a another case against a group of six older adults suspected of membership in an underground criminal organization. The charges were brought because of allegations about the manner in which they approached people considering the decision to end their lives, the acquisition and distribution of Drug X and an antiemetic, and the manner in which they worked together.

The OM has recommended punishments of up to 2.5 years in prison, with one year conditionally suspended. Their supplier, Alex S. (31) from Eindhoven, was sentenced to 3.5 years in jail, with 1.5 years of those conditionally suspended. His case is still on appeal.