Criminal cases
Art. 12 Sv procedure
On 10, Aug 2012 | In Criminal Cases | By - K. Canatan
The art. 12 Sv. procedure is a complaint procedure before the Court of Appeal in order to force a suspect to be prosecuted after all. Sv. stands for Code of Criminal Procedure.
The legal text can be found below:
Article 12
1. If an offence is not prosecuted, if the prosecution is not continued, or if the prosecution takes place by the issue of a decision imposing a penalty, the person directly concerned may lodge a complaint in writing with the court in whose jurisdiction the decision not to prosecute or to continue the prosecution was taken or the decision imposing a penalty was made. If the decision has been taken by a public prosecutor at the national public prosecutor's office or at the functional public prosecutor's office, the Court of Appeal in The Hague shall have jurisdiction.
2. Directly interested party shall include any legal person who, by reason of his objectives and actual activities, has an interest which is directly affected by the decision not to prosecute or to prosecute further.
Only an interested party may complain about the failure to prosecute (further). This is, in principle, the victim or an organisation that represents a relevant interest in the case.
The time limit to complain is 3 months after the interested party has become aware that the case will not be pursued further. After that time, there is no point in complaining.
The start of the procedure is done by filing a complaint with the competent Court of Justice (and not the Court). You can also have the complaint drawn up and submitted by our office. In principle, there will be a hearing at the Court of Appeal for which the complainant will be summoned. You can also be assisted by a lawyer during this (closed) hearing.
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