Sometimes the police or the public prosecutor’s office decide not to proceed at all on the basis of a criminal complaint at all in which case no criminal investigation is conducted. Alternately they can also conduct an investigation only to conclude that they will not investigate further or prosecute any suspects. It is possible to object to this. This is done through so-called ‘article 12 proceedings’ by filing a written complaint against the decision by the public prosecutor’s office not to pursue the case with the appeals court. If the appeals court agrees with you, it will order the public prosecutor’s office to pursue the case.

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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.