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What is a criminal charge?
If you have received a punishment order, it means that the prosecutor has determined that you are guilty of one or more criminal offenses. For this, the prosecutor has given you the punishment listed on the punishment order.
The punishment that can be imposed on you by means of a punishment order can consist of community service, a fine, a disqualification from driving, an obligation to pay damages, or a 'withdrawal from traffic'. It is also possible that a combination of the above penalties may be imposed on you or that you may be required to temporarily comply with very far-reaching instructions regarding your behavior.
What offenses can you receive a criminal citation for?
The prosecutor can issue a criminal summons for all offenses and for crimes punishable by a maximum prison term of six years. The idea is that the punishment order is issued for relatively minor offenses. These include simple assault, vandalism, threats and some traffic offenses such as speeding and driving under the influence.
What are the consequences of a criminal charge?
If you have received a criminal citation, you should be aware that a criminal citation is not the same as a normal fine. In fact, a criminal conviction can have very far-reaching consequences.
For example, a criminal charge issued for committing a crime will always be noted on your judicial documentation (criminal record). As a result of that entry on your criminal record, you may not be issued a Certificate of Good Conduct (VOG). This may cause you problems with your employer or with finding a job or an internship. In addition, it is important to know that the criminal conviction is equivalent to a court conviction. As a result, the punishment order is used in the recidivism determination. This means that if you are guilty of an offense again, you may receive a higher penalty because you have already committed the same type of offense as recorded on your criminal record. Another drastic consequence is that you may be required by a criminal conviction to donate your DNA for inclusion in the DNA database.
How does a criminal settlement come about?
The criminal settlement was introduced because the criminal settlement is a cheaper and faster alternative to proceedings in the criminal court. More cases can be disposed of in a shorter period of time through a punishment order, because the prosecutor, when issuing a punishment order, proceeds to both prosecute and punish.
However, there are risks in granting this dual authority. For it is the public prosecutor under whose responsibility the evidence is gathered by the police. That same prosecutor then decides whether to prosecute on the basis of that evidence, after which he also judges whether there is sufficient evidence on the table for a conviction. Therefore, an independent judge assessing the evidence does not occur in the entire process. As a result, it often happens that the prosecutor mistakenly comes to the opinion that there is sufficient evidence on the basis of which he can find you guilty. It regularly happens that an independent judge later acquits someone with a criminal charge.
Do you disagree with a criminal charge?
You should always ask yourself whether you agree with the punishment order you received. You may feel that the penalty you have received is too high, or you may feel that you have been punished unfairly. You can then object, by filing an objection.
If you disagree with the criminal charge for any reason, it is wise to contact a specialized criminal lawyer immediately. The lawyer can then request the file and then discuss your options with you.
What is the deadline for filing an opposition to a criminal summons?
A criminal conviction can be appealed within 14 days. The period of 14 days starts to run after the punishment order is delivered to you in person or when it is established that you have learned of it in some other way.
What can your lawyer do in a criminal charge?
It is always wise to consult an attorney if you have received a criminal charge. A criminal lawyer can then review the file and examine whether there is actually sufficient evidence. A criminal lawyer can also assess whether there was self-defense (self-defense) or circumstances that could reduce the penalty. The question of whether you are guilty or innocent is not important here. The judge only answers the question of whether there is sufficient evidence for a conviction? If there is insufficient evidence, an attorney will be able to argue it for you and a judge will acquit you. But in order to do so, you will have to file an opposition to the criminal charge.
Can your attorney oppose a criminal summons?
You can object to a punishment order by filing an objection with the Public Prosecutor's Office. Even if you have agreed to the punishment order at the police station without an attorney present, you can still file an objection. You have two weeks to do so. If you do not file an objection within those two weeks, you can no longer change the punishment order and it will be enforced.
Resistance should be properly filed. A lawyer can help you with this and can also increase your chances of success. Through experience and expertise, a criminal lawyer knows better than anyone else which points to look out for and which legal defenses to put forward. Please feel free to contact one of our criminal lawyers.
Invited to an OM hearing, now what?
If the prosecutor intends to impose on you a punitive order with community service, a disqualification from driving, a behavioral measure or a payment obligation of more than €2000, he must first hear you. You will then be invited to a so-called OM hearing. During this OM hearing, you have the right to be assisted by an attorney. If you decide to use the assistance of a criminal lawyer, he or she will discuss the case with you and provide you with appropriate advice. Furthermore, the lawyer can bring relevant points to the attention of the officer, before the officer will or will not proceed to impose the punishment order. You may file an objection to this criminal charge.
What happens after filing an opposition?
After opposition is filed, the case should go to court. However, this by no means always happens when an opposition is filed (in 2015, 60% of the opposition cases went to court). In the remaining cases, the criminal order is withdrawn (dismissed) or amended.
Of the cases that eventually went to trial, a significant proportion of them were acquitted (in 2015, approximately 23% were acquitted). Also, in many cases, the punishment imposed by the judge upon conviction is lower than that imposed by the sentencing order.
The figures indicate once again that it can pay off to file an opposition to a criminal conviction. Our lawyers will be happy to assist you in these proceedings.
What is the difference between a criminal charge and a proposed transaction?
When the OM imposes a punishment order on you, you will receive a letter from the CJIB with the letter 'O'. This letter describes the penalty the OM has imposed on you. If you do not oppose the punishment, you are obliged to comply with the punishment. If the OM sends you a transaction proposal, you will receive a letter from CJIB with the letter 'T'. To avoid having to appear before the criminal court, you can choose to submit the transaction proposal pay. You are under no obligation to do so.
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