Would you like to make an appointment with one of our lawyers? For advice or orientation? We are happy to receive you at our offices in The Hague or Rotterdam or we will come to you.
Assisting investigating officers and magistrates
Investigating officers, Public Prosecutors and magistrates too, can be considered witnesses or suspects and need legal assistance.
Several of our specialists are experienced in this kind of cases. Please contact us for further information
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1
If you are already aware that you will be interviewed as a witness or suspect, do not draft an official report in advance.
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2
As an official you must tell the truth, but if you are a suspect, you have the right to remain silent. This right against self-incrimination outweighs your legal obligations.
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3
As a witness too, you are under no obligation to cooperate, unless you have been summoned to be interviewed by the Examining Magistrate or if you are in Court and under oath (and have no legal privilege). However, disciplinary measures may be imposed for non-cooperation or silence.
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4
If you give your lawyer’s office address for service of process, you will prevent your employer being informed of developments in the criminal investigation before you are and also prevent personal data ending up in the criminal case records.
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5
Documents from the criminal investigation can be transferred to the –often parallel– disciplinary investigation, and vice versa.
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6
Once a criminal investigation has been dismissed, the ‘directly interested party’ may file a complaint with the Court of Appeal (Article 12 CPC). We can assist you in this process as well. Although many complaints end up being declared unfounded, you, as the accused, will be heard in chambers.
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7
In many cases, you are entitled to compensation of your legal costs by your employer. Check with your superior.
