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Frequently asked questions

10

aug
2012

In Frequently Asked Questions

By - K. Canatan

What happens during the session?

On 10, Aug 2012 | In Frequently Asked Questions | By - K. Canatan

During the substantive criminal hearing, the case will be heard against a suspect. This means that the judge goes through the file with the suspect. The judge will ask him or her what incriminating and exculpatory evidence is in the file and will ask the suspect about it. The suspect is free to answer these questions or make use of his right to remain silent. A suspect has the right to be assisted by a lawyer of his choice.

After the judge deems himself sufficiently informed, he gives the prosecutor and the defence the opportunity to put questions to the accused.

After handling the file, the judge will be informed by the accused about his personal circumstances, such as his home and work situation. The judge does this so that he can take those personal circumstances into account when he comes to a conviction and has to determine a punishment. A police judge usually pronounces directly, a multiple chamber usually only after 14 days at the latest.

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