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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 not prosecution, also known as a complaint procedure, refers to situations in which certain steps are taken to reopen a criminal case.Filing a complaint not prosecution is an important means for victims to secure their right to justice. It allows them to challenge the decision of the Prosecutor's Office (OM) and still try to bring the accused to justice.

What is a complaint procedure?

Complaint not prosecution (which is often called a complaint procedure in criminal cases) refers to Article 12 Sv procedure of the Code of Criminal Procedure, which is simply a victim's or next of kin provides the opportunity to file a complaint with the court if the prosecution has decided not to prosecute a criminal offense. Filing a "complaint not prosecution" can lead to the reopening of the criminal investigation or to the prosecution still being initiated.

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:

Parquet and Mutation Number: the number given to the case by the prosecutor (prosecution number) or the police (mutation number).
The offense: the person you believe should be prosecuted (the defendant).
Reason for complaint: Why you disagree with the prosecutor's decision.
Contact details: you will need to share your contact information in the complaint document so that the court has the ability to reach you.

Complaint procedure

To to successfully file a grievance procedure, there are a number of steps that must be followed. Below is an overview of what such a procedure looks like:

Complaint: first, as explained earlier, the complaint letter must be sent to the court stating why the defendant should be prosecuted.
Registration: the court will register the complaint and send a copy to the attorney general. This is a representative of the prosecution at a court has a similar role to a prosecutor.
Assessment of the complaint: the court will see if you need to provide additional explanations at a hearing.
Seat: After the assessment of the complaint, you will be summoned to a hearing by the complaint chamber. At the hearing, the complaint chamber will consider your complaint and will ask questions about it.
Decision: within 6 weeks after the hearing, the attachment chamber makes a decision which may be granted or denied. If the decision is rejected, the defendant will not be prosecuted further. However, if the complaint is granted, the prosecutor will have to reopen the case and prosecute the defendant.
No appeal possible: once this decision is made, it will no longer be possible to appeal.