Complaint not prosecution

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If you are dissatisfied with the Public Prosecutor's decision not to initiate criminal proceedings, you can use the complaint procedure. This procedure, based on Article 12 of the Code of Criminal Procedure (Sv), allows you to file complaints against non-prosecution. It is essential to hire an experienced criminal lawyer in this complaint procedure, especially if you are located in the Overijssel region, such as Enschede. The criminal lawyer in Enschede can give you expert advice and guide you through the complaint procedure. Choose a skilled criminal lawyer in Overijssel to ensure that your complaint against non-prosecution gets the attention it deserves.

A complaint against non-prosecution, also known as a complaint procedure, relates to situations in which certain steps are taken to reopen a criminal case.

Submitting a complaint against non-prosecution is an important means for victims to secure their right to justice. It offers them the opportunity to challenge the decision of the Public Prosecution Service (OM) and still try to bring the suspect to court.

What is a complaint procedure?

Complaint of non-prosecution (often referred to as a complaint procedure in criminal cases) refers to Article 12 of the Code of Criminal Procedure, which simply gives a victim or their relatives the opportunity to file a complaint with the court if the Public Prosecutor's Office has decided not to prosecute a criminal offense. Filing a “complaint against non-prosecution” may lead to the reopening of the criminal investigation or to the initiation of prosecution after all.

What may cause the prosecutor to decide not to prosecute a case?

A prosecutor may decide not to take a case to trial for a variety of reasons:

Insufficient evidence: if there is not enough evidence to find the defendant guilty beyond a reasonable doubt, the case is usually not reopened.
Not enough importance to society: Sometimes the prosecutor feels that the case is not of sufficient importance to society to prosecute.
Other solutions: instead of reopening a lawsuit, the case can be resolved in other ways, such as talking to the parties involved and reaching agreements.
Own competence: the prosecutor may choose not to prosecute a case, even if there is evidence, because of the prosecutor's own authority and policy.
Statute of limitations: if too much time has passed since the offense, the case cannot be heard.
Personal circumstances: Sometimes the suspect's personal circumstances, such as his or her health and age, are taken into account.

It is important to understand that not prosecuting a case does not mean that the accused is innocent, but that there are reasons not to bring the case to trial at that time. Victims and next of kin may, in some cases, object to this decision.

Terms of complaint

Before it is possible to write a notice of complaint to the court, there are a number of conditions.

Commitment to the cause: in most cases, the complainant must have a direct interest in the case, which means they must be involved in some way in the crime or situation they are complaining about.
Valid reason for filing complaint: the complainant must have a valid reason to believe that the accused is wrongly not being prosecuted. This could be based, for example, on new evidence or a legal failure in the decision not to prosecute.
Time limits: your notice of complaint must be filed with the court within the deadline. This deadline can vary in several weeks. When you contact our lawyers, you will be able to get an estimate of how long this deadline will actually be.

Complaint

When writing the letter with your complaint (complaint letter), it is important that you include the necessary information. It can take a lot of time and effort to write a professional complaint letter. It is wise to have an attorney do this to avoid unnecessary mistakes and delays.

The necessary information that should be in such a complaint include:

Public Prosecutor's Office and Case Number: the number assigned to the case by the public prosecutor (public prosecutor's office number) or the police (case number).
The criminal offense: the person you believe should be prosecuted (the defendant).
Reason for complaint: why you disagree with the decision of the public prosecutor.
Contact details: You will need to include your contact details in the complaint so that the court can contact you.

Complaint procedure

To successfully file a complaint, there are a number of steps that must be followed. Below is an overview of how such a procedure works:

Submit a complaintFirst, as explained earlier, the complaint must be sent to the court of appeals, stating why the defendant should be prosecuted.
RegistrationThe court will register the complaint and send a copy to the Advocate General. This is a representative of the Public Prosecution Service at a court of law and has a similar role to that of a public prosecutor.
Assessment of the complaint: the court will consider whether you need to provide additional explanation during a hearing.
SeatAfter the complaint has been assessed, you will be summoned to a hearing by the complaints committee. During the hearing, the complaints committee will discuss your complaint and ask questions about it.
DecisionWithin six weeks of the hearing, the attachment chamber will decide whether to grant or reject the complaint. If the complaint is rejected, the defendant will not be prosecuted further. However, if the complaint is granted, the public prosecutor will have to reopen the case and prosecute the defendant.
No appeal possibleOnce this decision has been made, it will no longer be possible to appeal.