Need lawyer article 12 Sv proceedings?
What is an Article 12 Sv proceeding? Not prosecuted by prosecutor's office
If the prosecutor decides to dismiss the case, or in other words not to prosecute, this can be extremely frustrating for you as a victim or stakeholder, especially if you are convinced that there are sufficient grounds to criminally prosecute the person or persons involved. A dismissal means that the prosecutor's office (OM) decides not to bring the case to trial, which can happen for a variety of reasons, such as a lack of evidence, an assessment that prosecution is not in the public interest, or because the prosecutor believes that there is no crime.
If you do not agree with this dismissal decision, the law offers you the possibility of starting Article 12 Sv proceedings. This is a formal complaint procedure in which you ask the court to force the Public Prosecution Service to prosecute. This procedure is also called a 'procedure complaint non-prosecution'.
The court will evaluate your complaint based on the arguments you present and the available evidence. During these proceedings, you can argue why you believe there are sufficient grounds to take the case to court. After considering the case, the court may decide that the prosecution should indeed proceed. However, it may also decide that the prosecutor's dismissal decision was justified.
Filing an Article 12 Sv petition is a legally complex step and requires thorough substantiation. It is therefore very important to engage an experienced attorney in this procedure. A lawyer can help you present the right arguments and evidence, and can ensure that your request is presented as strongly as possible. This increases the chances of a successful appeal against the prosecutor's dismissal decision, increasing the likelihood that criminal charges will still be brought in the case in which you are involved.
When can you start Article 12 Sv proceedings?
Only if you are a direct stakeholder, such as a victim or bereaved, you can start Article 12 Sv proceedings. This means that you must have a direct and personal interest in the outcome of the criminal case. You cannot start an article 12 Sv procedure if you simply do not agree with a decision of the Public Prosecution Service (OM) in a case in which you have no direct interest, for example when imposing an traffic fine To someone else.
If the accused receives a notice of non-prosecution, in which the prosecutor indicates that the case will be dismissed, or if the prosecutor decides to impose an order for punishment instead of taking the case to court, the interested party has a period of three months to initiate Article 12 Sv proceedings. Within this period, you must file a reasoned petition with the court explaining why you believe the case should still be prosecuted.
It is important to note that if the defendant has not received a notice of non-prosecution and no penalty order has been imposed, there is no fixed deadline for filing an Article 12 Sv petition. This gives you as an interested party the freedom to decide to initiate these proceedings at a later time, without being bound by a strict deadline. Nevertheless, in the interest of a speedy and effective judicial process, it is often advisable not to wait too long before taking action.
When preparing and filing an Article 12 Sv petition, it is wise to seek legal advice. A lawyer can help you to properly substantiate your request and to properly present all relevant information and evidence to the court. This can significantly increase the chances of success, possibly leading the court to decide that the prosecution should still proceed in the case in which you are an interested party.
How do Article 12 Sv proceedings proceed?
By initiating an Article 12 Sv procedure, you submit the case to the court of appeal. This is a special procedure in which the court decides whether the Public Prosecutor's Office (OM) will still be obliged to come to criminal prosecution proceed. After you make the request, the court will carefully review the documents. This includes both the arguments you put forward as a complainant and the reasons given by the prosecution for dismissing the case.
Then, the court may decide to summon both you as the complainant and the defendant to a hearing. At this hearing, you will have the opportunity to present your position orally. The defendant, who is the person against whom you seek prosecution, will also have the opportunity to tell his or her side of the story. It is important to note that this hearing plays a crucial role in the court's final decision.
In addition to the parties, the court also hears an attorney general, who acts as the prosecutor's representative to the court. The attorney general gives advice to the court on whether or not to prosecute. Although the court takes this advice for consideration, it is not required to follow it. The court ultimately makes its own independent decision.
If the court decides that your request has merit, the prosecution will still have to take the case to court. This means that the case will continue to be considered and ultimately heard by the judge, who will then make a substantive assessment.
However, if the court decides that your request is unfounded and does not rule in your favor, the case will be permanently dismissed. This means that there will be no prosecution and the prosecution will take no further action on the matter. It is important to realize that this court decision is final. There is no possibility to appeal this decision or appeal to the Supreme Court. This underscores the importance of making a well-reasoned request and, if necessary, engaging legal counsel in the preparation and filing of an Article 12 Sv proceeding.
Need an attorney when starting Article 12 Sv proceedings?
When starting Article 12 Sv proceedings, you do not need the assistance of an attorney, but it can be very helpful. A lawyer can help you translate the legal documents, or, for example, write the complaint. This increases the chances that your complaint will be upheld.
Our attorneys have extensive experience in Article 12-Sv proceedings. Please read via this link more about the lawyer's role in the criminal process.
If you have questions about how to proceed after the police have used force, please feel free to contact our office. You can send an email to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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