Blog - Part 9
What's a pro forma session?
On 10, Aug 2012 | In Frequently Asked Questions | By: K. Canatan
A suspected or accused person remanded in custody after his arrest shall in principle be entitled to have his case dealt with in substance no later than 90 days after the court has ordered his detention. If, at the end of this period, the case is not ready to be heard on the substance of the case because an investigation has yet to take place, the court (or, on appeal, the court of appeal) shall decide in a pro forma hearing on the necessity of continuing the pre-trial detention. Sometimes a pro forma hearing has the character of a summary hearing. In that case, the hearing is used to give the defence and the Public Prosecution Service the opportunity to make known their investigative wishes, on which the court can then take a decision.
What happens during the session?
On 10, Aug 2012 | In Frequently Asked Questions | By: K. Canatan
During the substantive criminal court hearing, the case against a suspect is heard. This means that the judge goes through the file with the suspect. The judge will show him or her which incriminating and which exculpatory evidence is in the file and will ask the suspect questions about it. The suspect is free to answer these questions or to make use of his right to remain silent. A suspect has the right to be assisted by a lawyer of his choice.
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What punishments can a judge impose?
On 10, Aug 2012 | In Frequently Asked Questions | By: K. Canatan
In the event of a conviction, the judge has the following options:
- imprisonment (or in the case of offences: custody)
- community service, which may consist of community service or an apprenticeship
- Fine
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What is a referral to the examining magistrate?
On 10, Aug 2012 | In Frequently Asked Questions | By: K. Canatan
If a suspect has been taken into custody by the public prosecutor and the public prosecutor believes, after the term of the remand in custody has expired, that the suspect must be detained even longer, he shall ask the examining magistrate to issue a detention order.
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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.
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