Law enforcement does not always act correctly. For example, they may be careless with your information or that of your business, or take much too long to deal with your case. Sometimes they breach the law themselves. It can also happen that public authorities (such as the police, but also the General Intelligence and Security Service (Algemene Inlichtingen- en Veiligheidsdienst, or ‘AIVD’) may exceed its powers and thereby breach fundamental rights.

It is possible to submit a complaint about this. In certain cases it is also possible to hold the authorities concerned liable in a civil case. In exceptional circumstances it is possible to file a crime report against the officials concerned.

If you disagree with a court judgement, you can lodge an appeal against this ruling a higher court. The deadline for filing appeals differs depending on the applicable law, but for criminal cases it is generally two weeks from the date of the judgement. An appeal against a ruling by the appeals court is called cassation; cassation takes place before the Supreme Court.

Our firm has extensive experience with legally complex appeals cases. We also specialise in conducting cassation in criminal cases. If you have been convicted and wish to initiate an appeal or cassation, please contact us as soon as possible.

Finally there is the possibility of challenging a judgement before the European Court of Human rights (ECtHR). Such a complaint must then be in respect of a final judgement rendered by the highest national court (in Dutch criminal law this will often be the Supreme Court). The deadline for initiating proceedings before the ECtHR is six months following the final national verdict.

You may be interviewed in a criminal case as a suspect or witness. Your business can also be designated as a suspect. In that case you as the manager or director may also be interviewed. The interview can be carried out by the police or by the investigating magistrate. Your rights and obligations will vary depending on the situation that applies to you. For example, in principle you are not obliged to attend a police interview as a witness, but you are required to appear before the investigating magistrate. Furthermore, as a suspect you are not obliged to answer questions while you are (usually) obliged to do so as a witness.

Whether you are a suspect, a director or a witness, we can assist you as your attorney during the interview.

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Prakken d'Oliveira, formerly known as Böhler, is a law firm with expertise and experience in asylum and immigration law, European law, administrative law, international criminal law and human rights. Our lawyers provide advice and conduct procedures before the Dutch Immigration and Naturalization Service (IND), the Dutch Review Committee on the Intelligence and Security Services (CTIVD), the District- and Appeals courts, the Administrative Law Division of the Dutch Council of State, the Supreme Court of the Netherlands, the European Court of Human Rights (ECHR), the Court of Justice of the European Union (ECJ), the Human Rights Treaty Bodies of the United Nations (UN), the International Criminal Court (ICC), and other international tribunals.