Criminal proceedings
17 important questions on Criminal proceedings
Do suspects in our rule of law have rights?
•Under the rule of law even suspects have rights. An important principle of the legalprotection of suspects is the so-calledpresumption of innocenceuntil the contrary is proven
What does the principle of legality guarantee?
Where are all proedural rules for all stages of the investigation and prosecution of criminl offences set down?
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What is criminal procedures?
•In the Netherlanfs, there are aboutsixphasesalong the route from the detection of a crime to the moment the prison door closes. What are they??
–The arrest.
–The investigationunder the supervision of a Public Prosecutor.
–The prosectuionby the Public Prosecution Service.
–The trial byone or more judges in a public hearing.
–A possible appeal to a higher court. The implementation of the sentence
When is someone a suspect?/
•Someone is a suspect ifthere is a reasonablesuspicionthat he has committed a crime or offence.
What can the police do with regards to arresting?
•The policecanstop a suspect andaskhimfor his particulars.
•The policecanalsoarrest suspects and take themto the police station forquestionning.
How does the police start their investigation?
•The police start theirinvestigationbygathering information.
–Interrogation.
•During the criminalinvestigation, the police are allowedtouseso-calledmeans of coercion (dwangmiddelen).
What does the police need to have if they want to use coercive methods or other means of investigaiton
Who makes the finaldecision on whether or nottobring a case to trial and what is this called?.
prosecution monopoly •The Public Prosecutor, whorepresents the Public Prosecution Service, makes the finaldecision on whether or nottobring a case to trial.
What is a settlement
What happens if the Public Proseccutor decides to prosecute?
What is a summons
–States the date of the trial.
–Accusation. Charges
What might happen afterthe district court's cerdict?
What is the very last chance to influence the verdict?
•The very last chance toinfluence the verdict is to make an appeal to the Court of Cassation or the Supreme Court.•The very last chance toinfluence the verdict is to make an appeal to the Court of Cassation or the Supreme Court. •The very last chance toinfluence the verdict is to make an appeal to the Court of Cassation or the Supreme Court.
By who is the prison sentence carried out?
From what can ex-prisoners have support with rehabilitation?
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