Bank balances, goods or other possessions are often seized as part of a criminal investigation and/or prosecution. This can be very unpleasant and seriously impact other areas of your life. It is possible to object to such a seizure by filing a written complaint with the court. Depending on the circumstances, the court can then sometimes decide to lift the seizure, even if the criminal investigation is still ongoing.

Do you have a family member or friend who is being detained on remand in a criminal case, or in alien detention and is experiencing difficulties in detention? Is the regime too onerous, are they being treated improperly, or should they be transferred to a different institution? Or are you experiencing problems yourself, for example with visitation rights or with the institution’s mail system? It is often possible to submit a complaint about this. Sometimes a different procedure will be more suitable. We can help you act accordingly.

If you disagree with a court judgement, you can lodge an appeal against the ruling with a higher court. The deadlines for filing appeals differ depending on the applicable law, but for criminal cases it is generally two weeks from the date of the judgement. An appeal against ruling by the appeals court in criminal law litigation 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 can be interviewed in a criminal case as a suspect or as a witness. The interview may 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. Hence you are not obliged in principle 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, while you are (usually) obliged to do so as a witness.

We can assist you as your attorney during the interview, whether you are a suspect or a witness.

If you have received a letter from the public prosecutor’s office telling you that you must appear in court, this is known as a summons. It is important to consult an attorney as soon as possible. They will request the dossier and prepare your defence with you.

If you or someone you know has been or is being detained by the police, it is important to act quickly. Suspects have the right to contact an attorney from the moment they are detained (consultation and interview assistance). We also provide emergency defender assistance as a preferred attorney, which means that we are available at very short notice to visit suspects in police custody at the station.

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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.