Invited to a Public Prosecution Service hearing: prepare your decision

What the Public Prosecution Service wants to discuss during the interview

During a Public Prosecution hearing, a representative of the Public Prosecution Service will discuss the criminal case with you. The Public Prosecution Service may consider a settlement without a prior court hearing. The precise intention is apparent from the invitation and the type of case. The conversation is not a non-binding consultation with someone who exclusively represents your interests.

A possible outcome is a criminal order. That is a criminal decision. The difference between the place of the conversation and its consequences deserves attention: an office or telephone conversation can feel less official, while the content is indeed important. Before the meeting, ask which accusation and possible settlement will be discussed.

Read the invitation at three separate points

First check the practical details: date, time, location or call time, public prosecutor's office number and contact route. Then read what it says about the suspicion and possible sanction. Finally, look at what actions are required of you in advance. For example, the instructions of the CVOM Public Prosecutor's Office for telephone hearings are intended for that specific route and may not simply be applied to any other public prosecutor's office.

Save all attachments and make a list of unclear words. Ask for an explanation of the process, stating the parquet number. An employee can provide practical information, but that does not provide you with independent advice about your substantive position. Do not accept an unclear statement because it appears in an official letter.

You must arrange a lawyer before the hearing

According to the Public Prosecution Service explanation, you may be assisted by a lawyer at a Public Prosecution Service hearing. Anyone who wants that must arrange that lawyer in advance. In principle, other visitors are not allowed as assistance providers. So do not assume that a partner or friend can take the place of legal assistance.

Send the invitation to the lawyer early and agree whether the assistance only includes preparation or also participation and assessment of the later decision. Ask about costs and possible pro deo assistance. A specific claim for compensation cannot be deduced from the title of the invitation alone.

Discuss the file and the choice to explain

Properly preparing a conversation starts with knowing what the suspicion is based on. Ask how you can obtain the relevant court documents and which documents your lawyer needs. An earlier police report, available images and your own memory may differ. Write those differences down as questions on paper, without filling in any missing events yourself.

Discuss in advance how you want to respond to questions about the fact. The explanation about right to remain silent and interrogation provides background. Do not confuse a willingness to talk with an obligation to acknowledge an accusation. Ask for clarification if you don't understand something and discuss the meaning of any forms before signing them.

Make personal circumstances concrete

In addition to the case, the Public Prosecution Service can also discuss your personal situation. Consider income, school, care responsibilities, health and practical feasibility of a possible sanction. A brief explanation with relevant evidence helps more than the general statement that a punishment would be very unpleasant. Only share what is necessary for the assessment.

If community service is being considered, discuss which restrictions or obligations may influence execution. If it concerns traffic, state specifically why your driver's license is needed and what other decisions have already been made. A working interest does not automatically prevent a sanction; it is information that can be included in the assessment.

Preparation is also practical when hearing by telephone

Parquet CVOM describes for its telephone conversations how to provide a telephone number and, if desired, the participation of your lawyer. Read the current instructions with your invitation. Choose a quiet place, keep the documents at hand and make sure you are available at the agreed time. A group discussion with the lawyer can be organized according to the CVOM explanation.

If you are unable to attend at the scheduled time or if your command of Dutch is insufficient, please report this in a timely manner via the official contact route. Ask which solution will be arranged and wait for confirmation. A request for another time does not automatically mean that the appointment has been cancelled. After the conversation, write down the most important announcements for your own file.

After the conversation, read the written decision again

The feeling that you have had a clear conversation does not replace the later decision. Compare the received decision with what was discussed: the fact, the sanction, any conditions and the explanation of opposition. Report any discrepancies to your lawyer immediately. Record the date of receipt and keep the piece in the same folder as the invitation.

If you disagree with a criminal order, immediately have the objection period determined. The conversation itself is not an objection to a later decision. Consequences for a criminal record or VOG also deserve separate attention; a reassuring impression is not an individual decision by Justid or Justis.

This is how you turn the preparation into a clear file

Organize your documents by date and keep the most important questions short. Start the first conversation with the next appointment and the office number. This makes it possible to assess which practical action is immediately necessary and what substantive action still needs to be sorted out.

Also record who will review the post afterwards. Assistance during the hearing does not mean that the lawyer will monitor all subsequent legal remedies without further agreement. A clear instruction regarding follow-up prevents both parties from thinking that the other controls a decision.

• Save the invitation and all attachments completely.
• Arrange the file and desired lawyer before the interview.
• Write down questions about accusation and sanction separately.
• Prepare relevant personal circumstances with documents.
• Check written outcome and possible deadline afterwards.