Legal advice
Penalty decision Opposition
On 09, Aug 2012 | In Legal Advice | By - K. Canatan
Have you received a sentence? If you do not agree with the decision of the public prosecutor, you can oppose the criminal decision.
There are three ways to set the resistance:
1. Initiating your own opposition in person at the public prosecutor's office (public prosecutor's office). The criminal order will state where this is possible.
2. Filing an objection in person by sending a letter to the public prosecutor's office referred to above.
3. Asking a lawyer to lodge an objection on your behalf. Our attorneys at law will be happy to help you; we will not charge you any costs for filing a notice of opposition.
Do not pay the sentence if you wish to lodge an objection, otherwise you lose the right to object.
Please note the period within which you can lodge an objection. This is in principle two weeks, but sometimes longer. So do not wait too long, because otherwise the penalty decision will become final. A final criminal decision is considered to be a determination of guilt. This can have important consequences for your Declaration of Conduct. We can tell you whether the period for lodging an objection is still running. So do not assume after two weeks that you are too late, it may be that you still have a possibility to lodge an objection.
Resistance set. Now what?
After you've resisted, the prosecutor will have to decide whether or not to subpoena you. When you file an objection, you can submit objections, but you don't have to. If you have done so, this can be a reason to still close your case. In practice, you should expect little of this, usually a summons to appear before the police court. During that hearing you can conduct your defence.
Conduct your own defense?
We always advise you to be assisted by a lawyer. If your income is low, this is often (almost) free of charge. The criminal process is a complex legal matter, it is sometimes unwise to conduct your own defence. It is not without reason that lawyers follow a completed study of Dutch law, a professional training and during their career a Permanent Training to be trained every year. At our firm, some lawyers also follow a specialisation course. Suspects who do conduct their own defence and are dissatisfied with the verdict can also be assisted by a lawyer on appeal (if this is open to appeal).
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