Appeal or final and unappealable judgment

Someone who has been convicted and wishes to challenge the court’s judgment can lodge an appeal if the law permits. If an appeal is possible, the person who has been convicted (or his attorney) must lodge an appeal with the court registrar within 14 days. The appeals procedure is free…

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Appeal

On appeal, a different (higher) court reviews the case. This court may convict or acquit the person previously convicted, or discharge him from prosecution on a point of law. Someone who has been convicted can only lodge an appeal once. After that the option remains of lodging an appeal in…

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Victims and witnesses

Victims or witnesses of a crime also find themselves having to deal with the criminal justice authorities. For instance, they may need to lodge a criminal complaint, or to make a statement.…

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Victims of a crime

If perpetrators are to be brought to justice, it is important for the victims to go to the police as soon as possible to lodge a criminal complaint. They can do so at the police station, or in the case of minor offences by telephone or online. Once a suspect…

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The rights of victims in criminal proceedings

The Dutch administrative body is working to strengthen the rights of victims in criminal proceedings. One way of doing so is to give victims the right to information, both about the proceedings and about the scope for claiming damages. In addition, victims and surviving relatives have the right to be…

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Witnesses of criminal offences

In some cases, the police will ask someone who has witnessed a criminal offence to make a statement. You can present yourself as a witness and give as many details as possible. Ask the police officer for his name, so that you can phone him if you suddenly remember something…

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Disposal of cases by the Public Prosecution Service (OM): penalties imposed by the OM

In the Netherlands, the Public Prosecution Service has the authority to impose penalties for a number of common criminal offences. The Public Prosecution Service may not impose custodial (i.e. prison) sentences. Municipal authorities and special enforcement officers also have the authority to impose penalties of this kind. They can issue…

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Regular Crime Trials

MR. BAS A.S. VAN LEEUWEN (LL.M., Esq.), attorney and forensic auditor, advises and assists public and private entities as well as individuals during the different stages of criminal and regulatory investigations, whether as a victim or as a suspect. He advises clients regarding various aspects of criminal law, with a…

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Pretrial Detention Proceedings

MR. BAS A.S. VAN LEEUWEN (LL.M., Esq.), attorney and forensic auditor, advises and assists clients during pretrial detention proceedings, with a focus on: (a) Arrest and police custody; (b) Pre-trial detention judges (first instance court and court of appeal); (c) Requests for interruption of pre-trial detention; and (d) Objection to…

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Special Proceedings

MR. BAS A.S. VAN LEEUWEN (LL.M., Esq.), attorney and forensic auditor, advises and assists clients during special proceedings, with a focus on: (a) Objection to the refusal to access the case file; (b) Objection to the refusal to return confiscated property; (c) Objection to the refusal to return a driving license;…

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