Procedure & ruling

Adding to a crime report or wanting to withdraw it

After a report, your memory may become more precise, missing evidence may emerge or your wish to prosecute may change. Those are different situations. Combining them into one revocation request can obscure important information. A factual addition and a personal wish each deserve their own place in the file.

In this article
  1. Start with what really changed
  2. A personal wish does not decide the criminal case
  3. A complaint is not legally the same as any declaration
  4. Correcting an error requires a clear comparison
  5. A supplement does not have to be a new report of the same incident
  6. Een camera zet een eerder geschat tijdstip in ander licht
  7. A supplementary file with fixed individual sections
  8. A request under pressure also requires attention to safety
  9. An error is different from deliberately stating something incorrect
  10. Control the processing without promising the outcome yourself

Start with what really changed

Sometimes someone says that a declaration is no longer correct, even though only the damage has now been compensated. In another case, the date mentioned is incorrect or an initially unknown witness appears to have been present. Yet another person no longer wants a criminal case because of a restored relationship. Those changes do not require the same answer. First put on paper in plain language whether it concerns a new fact, a correction of an earlier statement or a preference for further settlement.

A good distinction prevents a material correction from disappearing in a letter about personal circumstances. It also protects against the opposite misunderstanding: that a request for no prosecution wrongly sounds like a statement that nothing happened. The original declaration and later information together form the history of the case. Try to make that history verifiable, instead of trying to invisibly replace an earlier version. This allows the reader to better assess what was known and when and how certain the information is.

A personal wish does not decide the criminal case

The police explain that an ordinary report cannot be withdrawn. You can give reasons why you do not wish to be prosecuted; the Public Prosecution Service decides on the further procedure. Please provide the known case number and relevant circumstances. A desire to prosecute is not a correction of the facts. An investigation can therefore continue even after a reconciliation or compensation. A promise to the other person involved that you will definitely stop the matter may raise expectations that you cannot meet.

If necessary, ask how the request reaches the responsible authority and have it acknowledged. If the file is still with the police, the administrative process may be different than if a public prosecutor's office number already exists. Save the sent version and indicate whether an actual addition is also included. An informal communication to someone who is not handling the case provides little certainty about processing. The goal is for the decision maker to receive your true point of view, without promising a certain outcome.

A complaint is not legally the same as any declaration

Certain criminal offenses require a complaint. The applicable conditions and powers are set out in the Criminal Code. Article 67 provides for a period of eight days after the day on which it was submitted for withdrawing a complaint. Have it checked immediately whether your case actually falls under that regime, who is entitled to complain and which date and action count. The word complaint in everyday correspondence does not prove that a complaint offense is legally involved.

The police information about complaint crimes provides a practical input, but does not replace an individual assessment. A file can also contain different facts. An action surrounding a complaint for one fact does not automatically determine the prosecutability of all other events. Therefore, if in doubt, do not wait for a quiet moment to find out the precise qualification. Request appropriate legal assistance and use a demonstrable route. State exactly which complaint and which fact you mean, so that a general formulation does not create new uncertainty.

Correcting an error requires a clear comparison

When making a correction, mention the original passage as recognizable as possible: date of the interrogation, subject and, if applicable, page number. State what you think is correct and what it is based on. Anyone who takes a time from an agenda can indicate when that agenda was viewed. Anyone who remembers something different without an additional source should also say so. An honest description of uncertainty is more informative than a precise time chosen solely because it fits better with other pieces.

Maak onderscheid tussen eigen waarneming en informatie van iemand anders. The sentence that you saw who was driving a car means something different than that a neighbor told you later. An addition can clarify that difference. Don't try to incorporate the words of others into your own memory. Discuss a relevant correction in a timely manner and ask how it will be added to the file. If an error could have significant legal consequences, independent legal assistance is wise before making an unclear or overly broad new statement.

A supplement does not have to be a new report of the same incident

A proof of payment, photo or message can supplement an existing case. Indicate which declaration it belongs to and why the document is important. Save the original file and context, such as the entire message thread surrounding a relevant sentence. A cropped image may seem useful but sometimes does not show who a message came from or when it was sent. Also describe what the document does not prove. For example, a proof of payment shows a transfer, but not necessarily the intention of everyone involved.

The police describe their own options for additional information when reporting fraud in online trading. Under certain conditions, specific processing also exists when goods have been delivered or damage has been compensated. Withdrawing the designation in that digital process does not make this a general authority to make every criminal file disappear. Therefore, report the refund factually and ask which action is appropriate for your existing declaration. Do not thoughtlessly submit a second, substantively different report about the same incident when a supplement is the correct route.

A camera puts a previously estimated time in a different light

Fictional example: Noor reports an incident at her home and estimates the time at approximately nine o'clock. Later she legally receives a recording showing the arrival at a quarter past nine. She will also receive an apology message. She makes two separate parts: a correction of her estimate with the origin of the recording, and an announcement that contact has taken place. She does not suddenly call the apology message proof that she perceived the entire event incorrectly.

If Noor no longer wishes to be prosecuted, she can make this known as a third part. She does not write that the camera denies the event if it only clarifies the time. The preview also shows who provided the recording and whether the clock setting has been checked. The authorities must then assess the material. This way, the change is not made greater than it is, while relevant new information becomes available in a timely manner. A careful file can have both incriminating and exculpatory significance, without the declarant determining the outcome in advance.

A supplementary file with fixed individual sections

Don't create an endless new story when a few targeted changes are enough. Start with the name, case number, and the original date, then organize the change by topic. Only add and number relevant attachments. Keep your own copy of the complete package, including an overview of what was actually sent. A clear inventory helps when discussion arises later about a missing appendix or a passage that has been understood differently than intended.

  • Original: What exact message or missing information is this?
  • Now known: what do you want to correct or add, with what degree of certainty?
  • Origin: own observation, document, new memory or communication from someone else?
  • Meaning: Which part of the incident does this clarify?
  • Attachment: file name, date, creator and saved original context.
  • Continued: desired confirmation of receipt, contact person and outstanding question.

Put a wish about persecution outside these factual boxes in its own paragraph. This shows the recipient that a changed wish is not automatically a changed perception. Also mark which information still needs to be checked. A suspicion does not have to be concealed if it is relevant, but it may not be presented as a personal observation. For large amounts of private data, discuss which selection is necessary and lawful. More documents are not a goal in themselves; the connection to the specific incident must remain clear.

A request under pressure also requires attention to safety

Sometimes the wish to withdraw does not arise from new facts, but from pressure from a partner, family member or other person involved. Discuss this with an independent professional. Save threatening messages and record which contacts have taken place. Don't try to resolve a conflict by giving an untrue correction. A letter prescribed by someone else can also later raise questions about the reliability and freedom with which the communication was made. You do not have to solve the safety situation alone before asking for help.

The information about victims' rights provides starting points for support and protection within the criminal process. Ask how your accessibility data can be handled safely and where new incidents should be reported. A request to waive prosecution does not automatically change existing conditions or a restraining order. Have any restrictions assessed by the competent authority. Therefore, make a security question recognizable as its own topic, in addition to the substantive addition. This prevents an important signal from being read as solely a disagreement about the declaration.

A mistake is different from a conscious statement that is incorrect

The fact that a reminder is adjusted does not automatically mean that a false declaration has been deliberately filed. People can be shocked, appraised or discover new information later. The legal assessment of a potentially punishable false message requires its own conditions and facts. At the same time, it is unwise to expand on a deliberately incorrect statement in order to protect an earlier statement. If you fear that you may become criminally involved yourself, seek independent legal advice and discuss your position before making a new statement.

An advisor can help to clearly define the actual error and choose an appropriate route. That is not an assignment to make a more favorable story. Also explain to that advisor what you actually knew when the original statement was made. The difference between knowledge at the time and later information can be substantial. Our analysis is that a targeted correction often becomes more reliable when the genesis remains visible. A smooth overall story can actually conceal why earlier and later versions differ from each other.

Control the processing without promising the outcome yourself

After shipment, it is practical to check receipt and any follow-up steps. Make a note of who you have spoken to and what documents are still expected. An acknowledgment of receipt proves that the information has arrived, but not that your interpretation has been accepted or the matter ends. In the event of a relevant upcoming interrogation or hearing, ask in a timely manner how the supplement will be available. A complaint about the handling, a request for information and a substantive correction can follow different procedures.

The core is a fair and imitable distinction: a declaration describes facts, a supplement can provide new information and a personal wish can be relevant to the decision. These parts can coexist. By carefully separating them, there is room for correction of mistakes without unfounded expectations about prosecution. Keep the complete package and seek appropriate assistance in the event of short complaint periods, pressure or materially contradictory statements. This way, the competent decision-maker receives the information needed, with insight into the uncertainties that still exist.

Questions from litigants

Frequently asked questions

Can I demand that the criminal case be stopped after reconciliation?

In general no. You can express your wishes and circumstances, but the Public Prosecution Service will decide whether to prosecute. An ordinary declaration therefore does not automatically disappear from the file.

Is correcting a time the same as confessing to a false report?

No, a mistake or later more precise memory is not automatically an intentionally incorrect declaration. Describe specifically what changes and why. If you have concerns about your own criminal position, seek independent legal assistance.

Do the same rules apply to a complaint as to any declaration?

No. In the case of a legal complaint offense, there are special conditions and a short statutory withdrawal period. Have it assessed immediately whether that regime applies to the specific fact and what action is required.

This article provides general information. The rules and options depend on your situation. Discuss your case and possible deadlines with a lawyer.

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