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Offense and misdemeanor

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Are you looking for an experienced criminal lawyer in Enschede or Overijssel? Derbedrosian Criminal Lawyers are the experts when it comes to legal assistance in criminal cases. Our Enschede lawyers have an excellent reputation in the Overijssel region and have handled many successful court cases. If you are located in Enschede and need legal help, do not hesitate to contact the Enschede lawyers at Derbedrosian Criminal Lawyers. We are ready to help you with your case and provide you with the best legal support possible. Our criminal lawyers in Enschede are here to assist you.

Criminal law in the Netherlands

Dutch criminal law is an important part of our legal system. It has two main purposes: first, it establishes rules that govern people's behavior, and second, it protects society. It is a complex and fundamental aspect of the law, with major implications for both individuals and the community as a whole.

Purpose of criminal justice: the main purpose of criminal law is to ensure that our society remains safe and orderly. This is accomplished through laws that very clearly define what behaviors are considered criminal and what penalties can be imposed on those who violate these rules. Criminal law gives us a legal framework for addressing inappropriate behavior and punishing criminal behavior.
Protection of rights: Criminal law is not just there to hand out punishments; it is also designed to protect the rights of individuals. Suspects have the right to be considered innocent until proven guilty, and they have the right to a fair trial. This means that people cannot simply be punished without evidence and have legal protection.

This shows that criminal justice is a complex but crucial part of our legal system. It helps keep our society safe and safeguards the rights of individuals. It remains an evolving and essential area of our law.

The criminal code

The Penal Code The Criminal Code, often abbreviated as Sr, is an important part of Dutch law. This code contains rules that define what is considered criminal behavior, the penalties associated with such behavior and how criminal proceedings are conducted. Because lawmakers adapt the laws to societal norms, the Criminal Code is considered a non-static document, meaning it is constantly changing.

What are my rights as a suspect?

If someone in the Netherlands is suspected of a criminal offense, such as stealing a car or money laundering, they have specific rights designed to protect their interests and ensure a fair trial. Below, we have listed the most important rights you have as a suspect.

Right to the assistance of an attorney: first of all, the defendant has the right to an attorney. This can be a lawyer of his or her choice, or if the defendant cannot afford one, a government-funded (pro bono) lawyer will be assigned. Our lawyers offer professional advice on your personal situation and provide assistance throughout the process.
Right to remain silent: every defendant has the right to remain silent and does not have to cooperate with their own conviction. This means they are not required to make statements to the police or during criminal proceedings. The right to silence prevents suspects from incriminating themselves.
Right to information: defendants are entitled to clear and understandable information about the nature of the charges and crimes they are suspected of committing. This helps the criminal lawyer build a strong defense.
Right of appeal: if a defendant is found guilty, they have the right to appeal the verdict and sentence. This allows them to have the case reviewed by a higher court.

How does a criminal trial proceed when someone is suspected of a crime?

A criminal trial in the Netherlands, in which a person is suspected of a crime or offense, follows an established procedure.

Here is a general overview of what such a criminal trial will look like:

Arrest or suspicion: the criminal process usually begins with the arrest of the suspect by the police or the emergence of suspicion of a crime. This may result from an arrest in the act, a report of a crime, or other investigation that leads to suspicion of a specific person.
Pre-trial detention (if necessary): if the seriousness of the crime or the risk of flight of the suspect justifies it, the judge may decide on pretrial detention, where the suspect is held in detention pending trial.
Interrogation by police: the suspect may be interrogated by the police. During this interrogation, the suspect has the right to remain silent and the right to the assistance of an attorney. Statements made during this interrogation can be used as evidence later in the trial.
Decision of the
Prosecutor's Office (OM): the prosecutor decides whether there is sufficient evidence to bring the case to trial. If the prosecution believes there is sufficient evidence, it can initiate a criminal case.
Subpoena: if the case goes to trial, the defendant receives a subpoena stating when to appear in court.
Court hearing: the criminal case is heard during a hearing in court. During this hearing, both the prosecutor (representative of the prosecution) and the defense (the defendant's lawyer) can present arguments, call witnesses and present evidence. The judge will evaluate the case and issue a verdict.
Judge's ruling: After hearing the case, the judge will render a verdict. This may result in a conviction or acquittal, depending on the evidence and arguments presented.
Appeal: both the defendant and the prosecution have the right to appeal the court's ruling. This may result in a reconsideration of the case.

This is a general overview of how a criminal trial proceeds in the Netherlands. The specific details and steps may vary depending on the nature of the offense, the court and the individual circumstances of the case.

What is the difference between a felony and a misdemeanor?

In the Netherlands, there are two categories of offenses: felonies and misdemeanors. These two categories differ in the following ways:

Nature of offense: crimes are serious criminal offenses that are considered very harmful to society. Examples include murder, rape and theft by force. Offenses are generally less serious crimes, such as traffic violations or public drunkenness, which are considered less harmful compared to serious crimes.
Punishment: crimes are punished by more severe penalties, such as imprisonment. The maximum prison term varies depending on the nature and severity of the crime, while misdemeanors are punished with lighter penalties, such as fines, community service, or a short prison term in the case of a simple offense.

Criminal procedure: criminal proceedings for misdemeanors often involve extensive investigations by the police and the prosecutor's office (OM), court hearings at the district court and possible appeals to a court of appeals. Proceedings for misdemeanors are usually simpler and faster than those for felonies.

The different penalties in criminal law

In Dutch criminal law, different penalties are imposed depending on the nature and severity of the offense. The most important penalties are explained below:

Imprisonment: the length of a prison sentence can vary widely, from a few days to life in prison, based on the severity of the crime. More serious crimes can result in longer prison sentences. For example, the crime of murder has a maximum sentence of 30 years in prison, while simple theft carries a sentence of 4 years.
Money penalty: A fine is a common punishment in Dutch criminal law. The amount of the fine varies depending on several factors. First, the severity of the offense is considered. Less serious offenses usually result in lower fines, while serious crimes result in higher fines. The court also considers the offender's income, assets and financial obligations to ensure that the fine is appropriate. This means that the same offense may result in different fine amounts for different individuals depending on their financial situation.
community service: community service is a sentence in which an offender performs certain work in lieu of prison time. Community service varies in duration and intensity, and includes community service and educational programs. Duration can range from a few hours to hundreds of hours.
Conditional sentence: a suspended sentence means that the convicted person does not serve a sentence unless offenses are re-offended within a set probation period. The length of probation varies.
Juvenile detention: juvenile detention a punitive measure for juvenile offenders, varies in duration depending on the severity of the juvenile crime and the age of the juvenile. It is aimed at rehabilitation and reintegration into society.
Terbeschikkingstelling (TBS): TBS is a measure imposed on perpetrators of crimes suffering from serious mental disorders. is imposed on perpetrators of crimes with mental disorders. The duration of treatment varies, and treatment takes place in specialized clinics.
Disqualification from driving: for traffic offenses, the duration of disqualification may vary depending on the severity of the offense and the number of repetitions.
Withdrawal of asset benefits: when there are financial crimes, such as money laundering, the withdrawal of asset benefits may vary based on the financial gain obtained from the crime

The type of punishment and its duration are determined by the judge, taking into account legal guidelines and the specific circumstances of the case. Punishments can also be combined, such as imprisonment along with a fine or community service. The purpose of punishment in criminal law is justice, protection of society and rehabilitation of offenders.

In what ways can a criminal lawyer improve my chances of a positive outcome in my criminal case?

In the landscape of criminal cases, consulting an attorney is invaluable. Whether you are suspected of a crime or a misdemeanor, an experienced criminal lawyer will play a crucial role on the outcome of the criminal case.

Expertise and guidance: our attorney has in-depth knowledge of criminal law and understands the of the law. They can provide you with legal advice and guidance tailored to your specific situation. This will help you understand the potential ramifications of your case and make informed decisions.
Protecting your rights: you have certain rights as a defendant, and your attorney will ensure that these rights are respected. Whether it is your right to remain silent or your right to a fair trial, your lawyer will be on your side to make sure you are treated fairly within the legal system.
Strategic defense: lawyers are masters at developing strategies to defend your case. They will analyze evidence, question witnesses and present arguments that can tilt the case in your favor.
Negotiating with the Prosecutor's Office: the prosecution may sometimes be willing to reach favorable settlements. Your lawyer will negotiate on your behalf to potentially get lesser charges or reduce penalties.

Expert assistance: your lawyer will prepare you for your trial and, if necessary, advise you on the feasibility of appealing if the outcome is not satisfactory.

In short, an attorney is not only a legal expert, but also a trusted guide in a complex legal process. It is essential to quickly seek legal assistance when facing a criminal case.

What happens during a police interrogation and how can I protect myself?

When a person is suspected of a criminal offense, the police may report a call for an interrogation. It is your right to have the assistance of an attorney during the interrogation, and it is highly recommended that you exercise this right.

Declaration: during the interrogation, the police will ask questions and try to obtain information. There is no obligation to answer questions, and you can exercise your right to remain silent at any time. It is essential not to make a statement suggesting your guilt before consulting with your attorney.
Consult and confer with your attorney: as soon as you are called for questioning, contact a lawyer immediately. They can advise you on how to conduct yourself during the interrogation and will assist you to ensure that your rights within the legal system are respected.Discuss all details of the interrogation with your attorney and have them address any concerns or irregularities in the interrogation.
Invoke your right to remain silent: as explained earlier, the suspect has the right to remain silent, so can refuse questions that may incriminate you as a suspect. Exercise this right until you have consulted with your attorney.

Understanding and exercising your rights is important to protect yourself during a police interrogation. An experienced criminal lawyer is the most important partner in the process and will ensure that you are treated fairly.

Criminal law attorney

A criminal case can be a complex process that can rob much of your precious time, in which strict rules and laws apply. Therefore, it is very important to have the right attorney on your side.

The attorneys at the Der Bedrosian Law Firm specialize in criminal law and can therefore assist you in the many types of categories involved. Whether you are facing criminal charges or need legal advice, our law firm is ready to support you. Our lawyers will first discuss with you the current situation to explore options from there.

Hiring an experienced criminal lawyer can make all the difference in the outcome of your case. Contact us today and let us help you achieve the best possible results in your criminal case.

The attorneys at Der Bedrosian Law Firm handle the following criminal law matters