1. best criminal lawyer for deprivation of illegally obtained benefits
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What is a deprivation claim?
In a number of ways, deprivation proceedings are very similar to a criminal case, but in many other respects it is also substantially different. As in a criminal case, the prosecution prepares a file. In that file is the calculation showing how much would have been earned according to the prosecution. Just as in normal criminal proceedings, the defense has the possibility to conduct further investigation (or have it conducted). This can be done, for example, by introducing new documents, or by hearing witnesses. Because deprivation proceedings often involve complex calculations, the court often stipulates that the hearing be preceded by so-called written rounds. In these written rounds, the prosecution and defense are given the opportunity to present their positions and respond to each other's positions. After all positions have been exchanged in writing, a hearing takes place, at which - as usual - pleadings are held. Unlike in criminal proceedings, the verdict in deprivation proceedings does not follow after two, but often after six weeks. In deprivation proceedings brought before the police judge are made is usually adjudicated immediately.
How do deprivation proceedings proceed?
In some ways, a deprivation proceeding is very similar to a criminal case, but in many other ways it is also substantially different. As in a criminal case, the prosecution prepares a file. In that file is the calculation showing how much would have been earned, according to the prosecution. Just as in normal criminal proceedings, the defense has the possibility to conduct further investigation (or have it conducted). This can be done, for example, by introducing new documents, or by hearing witnesses. Because deprivation proceedings often involve complex calculations, the court often stipulates that the hearing be preceded by so-called written rounds. In these written rounds, the prosecution and defense are given the opportunity to present their positions and respond to each other's positions. After all positions have been exchanged in writing, a hearing takes place, at which - as usual - pleadings are held. Unlike in a criminal case, the verdict in deprivation proceedings does not follow after two, but often after six weeks. In deprivation proceedings brought before the police judge, the verdict is usually rendered immediately.
What must the prosecution prove in an eviction proceeding?
In a criminal case, the prosecutor must prove that someone did something. In deprivation proceedings, the prosecutor does not really have to prove anything. The prosecutor only has to make plausible what amount was earned by the defendant. Logically, it is a lot easier for the officer to make something plausible than to prove it. The prosecution may also use assumptions, provided they are based on evidence on file. This sometimes leads the prosecution to "guess" what was earned. It is therefore particularly important in confiscation cases to take an active stance at the right moments in order to refute the assumptions of the Prosecution.
Is deprivation possible for offenses you were acquitted of in the related criminal case?
By the European Court of Human Rights has been ruled for some time that it is not permissible to deprive for offenses of which the defendant has been explicitly acquitted.
What if you don't pay?
If you have been irrevocably ordered to pay a confiscation amount, the CJIB will try to collect that amount. Initially, you will be given the opportunity to pay the amount yourself (with or without a payment plan). If you fail to do so, we will see if there are any (additional) charges. batter can be laid on your belongings. If even that is not possible, the prosecution has the option of holding you hostage. This means that the court or tribunal will be asked for permission to incarcerate you for up to a maximum of three years. This measure is designed to induce convicts who can but do not want to pay to pay anyway. Even if you were to serve the full hostage period, you must still pay the deprivation amount: the obligation does not lapse. If you can sufficiently demonstrate that you are willing but unable to pay, the request for hostage-taking will be denied.
Why is it wise to hire an attorney in an eviction proceeding?
It is wise to hire an attorney if you are facing a deprivation claim. Often these types of proceedings involve large sums of money and a thorough knowledge of the law and the possibilities in the deprivation proceedings is absolutely required. Confiscation law is a separate specialty in which certainly not every lawyer is at home. You should therefore orient yourself well before hiring a lawyer. At Weening Criminal Lawyers, Mr. J. de Bruin specializes in deprivation proceedings.
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