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Who decides the location of your detention?
The Minister of Security and Justice determines where detainees are placed. The Minister does not make these decisions himself, but has appointed selection officers for this purpose. The selection officer decides on your placement and transfer to and from a PI (Penitentiary Institution)., but also about your detention.
Can you request (transfer) placement from the selection officer himself?
As a detainee, you have the right to request the selection officer to be transferred to another PI or ward. The law requires that this request be "reasoned. This means that you must be able to properly justify why you should be transferred. If your request for transfer is denied by the selection officer, you can appeal this decision directly. appeal to the RSJ.
Can you object or appeal a forced (transfer) placement by the selection officer?
It is possible that you have not requested a (transfer) placement yourself, but that the selection officer decides of his own accord that you will be transferred. If you do not agree with this decision for (over)placement, you have seven days to take legal action against it. Which procedure you should follow depends on whether you have been "heard" about the intention to transfer prior to this decision. If you were allowed to give your opinion beforehand, but the selection officer did not take your objections into account, you can appeal directly to the RSJ. If you have not been heard about the intended (over)placement, you will first have to submit a notice of objection to the selection officer. The selection officer will then make a new decision. Our lawyers will be happy to help you draw up a proper objection or appeal.
Can you appeal the selection officer's decision on your objection to (over)placement?
If your objection to placement or transfer does not lead to the desired result, you may appeal the decision of the selection officer to the RSJ. You will have seven days to do this. This means that you must act quickly after receiving a decision from the selection officer on your objection to placement or transfer. If your objection is submitted too late, you will almost always be declared inadmissible. Need help with drafting your objection? Feel free to contact contact on, our lawyers help you gladly.
Why is it wise to hire a lawyer when deciding on (over)placement?
If you disagree with a placement or transfer decision, you can challenge the decision in an objection or appeal procedure. You should consider several legal requirements in these proceedings. Not only should you pay attention to the statutory seven-day objection and appeal period. You will also have to thoroughly substantiate why you do not agree with the decision to (transfer) placement. It is therefore wise to contact our specialists. An experienced criminal lawyer knows what legal arguments can be decisive for a positive outcome in your pendency of the case. Please feel free to contact us at any time without obligation.
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Frenkie P. (47), the leader of the Venlo Gang, has been transferred, following several incidents at the prison of
