From report to judicial judgment: the criminal procedure comprises multiple steps. This article provides insight into how a criminal case in the Netherlands, specifically in the Zoetermeer region, proceeds.
Steps in the Criminal Process
A criminal process consists of three main phases, each playing a specific role.
Summary of the Phases
| Phase | Description | Key Parties |
|---|---|---|
| Investigation Phase | Investigation into a possible offence | Police, special investigation agencies |
| Prosecution Phase | Decision on whether or not to prosecute | Public Prosecution Service (OM) |
| Trial Phase | Case handling by the court | District Court of The Hague, defendant, lawyer, OM |
Investigation Phase in Zoetermeer
The process often starts with a report or complaint to the police in Zoetermeer or an independent discovery of a criminal offence.
Key Steps
- File a report or notification by authorities
- Police investigation in the region
- Interrogation of involved parties and witnesses
- Collection of evidence
- Report to the Public Prosecution Service
Prosecution Phase
The OM assesses whether a case will be prosecuted and which approach is appropriate.
Options of the OM
- Discontinue: not institute prosecution (technical or policy-based)
- Penalty Order: imposition of penalty by the OM itself
- Settlement: agreement with the defendant
- Summons: bring the case before the judge
Trial Phase at the District Court of The Hague
Upon summons, the court, often the District Court of The Hague for Zoetermeer, handles the case.
Course of the Hearing
- Start and identity check
- Reading of the indictment
- Substantive investigation during the hearing
- Demand of the public prosecutor
- Defence by the lawyer
- Last word of the defendant
- Judgment (immediate or on a later date)
Judge's Assessment Criteria
The judge follows a fixed scheme with questions (art. 350 CCP) to reach a judgment.
Procedural Questions
- Is the summons correct?
- Is this court competent?
- Is the OM authorised to prosecute?
- Are there grounds for suspension?
Substantive Questions
- Is the offence proven?
- Is the proven act punishable by law?
- Is the defendant responsible?
- Which penalty or measure is appropriate?
Possible Judicial Decisions
| Decision | Explanation |
|---|---|
| Conviction | Offence proven, defendant guilty |
| Acquittal | Offence not proven |
| Discharge from Prosecution (OVAR) | Offence proven, but not punishable |
| Inadmissibility of the OM | Prosecution not permissible |
Appeal Options
- Appeal: case reheard by the court of appeal
- Cassation: review by the Supreme Court
- Revision: reopening after new information
Frequently Asked Questions about Criminal Law in Zoetermeer
What does criminal law entail?
Criminal law defines which acts are punishable and what sanctions follow. It protects society and safeguards the rights of defendants through substantive and procedural law.
What distinguishes substantive from formal criminal law?
Substantive criminal law specifies which acts are punishable and what penalties apply. Formal criminal law regulates the procedures for investigation, prosecution and trial.
Who enforces criminal law?
The government enforces criminal law through the police (investigation), Public Prosecution Service (prosecution) and courts such as the District Court of The Hague (trial).
How are the rights of defendants protected?
Criminal law provides guarantees such as the presumption of innocence, right to a lawyer and a fair trial.
Where can I get legal assistance in Zoetermeer?
For legal advice, you can go to the Legal Counter Zoetermeer, which offers support in criminal cases and other legal matters.