An Article 12 complaint about a decision not to prosecute
The Public Prosecution Service decides not to prosecute and you disagree. Discuss whether a Dutch Article 12 complaint is available. You ask the Court of Appeal to review the decision not to prosecute.
Duration: 1:42
Further reading and sources
This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.
Read the full articleSpoken transcript
Download the transcriptCriminal Law in the Netherlands.
The Public Prosecution Service decides not to prosecute and you disagree. Discuss whether a Dutch Article 12 complaint is available. You ask the Court of Appeal to review the decision not to prosecute.
Have it assessed whether you are a direct interested party and which decision or situation you are contesting. Not every dissatisfaction with police action falls under the same procedure.
Collect the non-prosecution decision and relevant messages. Make a factual overview of the case. Check whether previous reports, the criminal complaint and any supplementary information have been recorded correctly.
Explain why you are requesting prosecution and which specific investigation or assessment questions you believe are missing. A complaint is stronger with specific reasons than with just a general demand for punishment.
An order to prosecute does not automatically establish guilt. Any later criminal proceedings have their own assessment of evidence and defence rights. The complaint does not automatically secure damages either.
Have it assessed which procedure is appropriate and which documents and deadlines are important. Save the submission and receipt. Discuss any claim for damages as a separate question.
Read the full explanation on the Criminal Law in the Netherlands website.
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