Hollandiyada əcnəbi kimi cinayət ittihamları: hüquqlarınız

As a foreign national suspected of a criminal offence in the Netherlands, you have the same rights as a Dutch suspect, plus specific rights for those who do not speak Dutch: an interpreter (Article 27(4) of the Dutch Code of Criminal Procedure, Sv), translation of essential documents, and notification of your consulate if you are arrested. The main difference in practice: if you have no fixed address in the Netherlands, pre-trial detention can be ordered for a wider range of offences (Article 67(2) Sv).

A conviction can also affect your residence permit or a future application with the IND (Immigration and Naturalisation Service). Address both points from the first day, not after the judgment.

What rights do you have after an arrest?

Under Article 27c Sv the police must tell you which offence you are suspected of and, if you are arrested, give you a written statement of your rights before the first interview, in a language you understand. That statement covers your right to a lawyer, to an interpreter, to see the case documents and to have your consulate informed.

• Səssiz qalmaq hüququ. You are not obliged to answer questions (Article 29 Sv), and the police must tell you so before the interview.
• Right to a lawyer. An arrested suspect may consult a lawyer before the first interview (Article 28c Sv), and the lawyer may attend and take part in the interview at your request (Article 28d Sv). If you have no lawyer of your own, a duty lawyer (piketadvocaat) can be called.
• Interpreter and translation. If you do not speak Dutch well enough, you may be assisted by an interpreter (Article 27(4) Sv) and request written translation of documents you need for your defence (Article 32a Sv).
• Consulate and family. You may have your consular post and a person of your choice informed of your detention (Article 27e Sv).

How long can you be held?

After arrest, you can be held for questioning for up to nine hours for offences that allow pre-trial detention, not counting the hours between midnight and 9 a.m. (Article 56a Sv). After that, the prosecutor can order police custody; you must be brought before the examining magistrate (rechter-commissaris) within three days and eighteen hours of your arrest (Article 59a Sv).

The examining magistrate can order remand in custody (bewaring) for up to fourteen days (Article 64 Sv); a district court chamber can then extend detention. Pre-trial detention requires serious indications against you and, normally, an offence carrying four years or more. Where no fixed address in the Netherlands can be established, Article 67(2) Sv allows detention for any offence heard by the district court that carries a prison sentence. Your lawyer can ask for suspension of the detention, sometimes under conditions such as handing in your passport or reporting to the police.

How does a Dutch criminal case work?

Dutch criminal procedure has no jury: professional judges decide on guilt and sentence. The Public Prosecution Service (Openbaar Ministerie) decides whether to prosecute, and for many cases it can impose a punishment itself by a penalty order (strafbeschikking, Article 257a Sv).

A penalty order is possible for minor offences and for crimes carrying no more than six years’ imprisonment. You can oppose it (verzet) within fourteen days after receiving it in person (Article 257e Sv), after which a judge hears the case. There is no US-style plea bargain, but the prosecutor can dismiss a case or offer a settlement. Your lawyer has access to the case file and can request further investigation, for example hearing witnesses.

What does a criminal case mean for your residence permit?

A conviction, and in some cases a penalty order, can lead the IND to refuse an application or revoke a residence permit. The IND weighs the sentence against the length of your lawful stay; the longer you have lived in the Netherlands, the heavier the offence must be.

EU citizens can only be expelled on grounds of public policy or public security, which requires a genuine and serious threat. A conviction can also affect a future naturalisation application and the issue of a Certificate of Conduct (VOG). Discuss these consequences with your lawyer before you accept a penalty order or settlement, because accepting it can count as a conviction for these purposes.

İlk günlərdə nə etmək lazımdır?

Ask for a lawyer before you answer any questions, and ask for an interpreter if you do not fully understand Dutch. Do not sign a statement you have not understood; you may ask for corrections before signing.

Write down what happened as soon as you can: times, names of officers, and possible witnesses. If you are released, keep your address in the Netherlands available for the summons and ask your lawyer before leaving the country, because a summons you do not receive can lead to a judgment in your absence. Check with your employer or university how an absence affects your work, visa or study.

What should you check as a foreign suspect?

• Did you receive the written statement of rights in a language you understand?
• Did you consult a lawyer before the first interview, and was the lawyer present at your request?
• Was an interpreter present during the interview, and is the record of the interview correct?
• Has your consulate been informed, if you want that?
• Is there a fixed address in the Netherlands where you can receive the summons?
• What would a conviction or penalty order mean for your residence permit or visa?

What can we do for you with criminal charges as a foreigner?

Bizim cinayət vəkilləri assist foreign nationals in English and several other languages.

• We assist you before and during police interviews.
• We request suspension of pre-trial detention and propose conditions such as a reporting duty.
• We review the case file and request investigation by the examining magistrate.
• We assess a penalty order and file an objection within fourteen days.
• We advise on the consequences for your residence permit, together with our immigration lawyers.

xülasə

• Foreign suspects have the same rights as Dutch suspects, plus an interpreter, translation and consular notification.
• You may remain silent and consult a lawyer before the first interview (Articles 28c and 29 Sv).
• You must be brought before the examining magistrate within three days and eighteen hours of arrest (Article 59a Sv).
• Without a fixed address in the Netherlands, pre-trial detention is possible for more offences (Article 67(2) Sv).
• A conviction or penalty order can affect your residence permit, so assess this before accepting a settlement.

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