What is the Full-Bench Criminal Court?
In courts and courts of appeal in the Netherlands, there are single-judge and full-bench chambers. A single-judge chamber consists of 1 judge, while a full-bench chamber consists of 3 judges.
Which Judges Make up the Full-Bench Criminal Court?
In cases heard before a full-bench chamber, one judge serves as the presiding judge. The judges deliberate among themselves in the deliberation room and ultimately issue a joint verdict. What is discussed in the deliberation room is called the secret of the deliberation room. No one knows exactly what the judges discussed, whether they agreed with each other, or if a vote took place.
Which Criminal Cases are Handled by the Full-Bench Criminal Court?
The full-bench criminal court is responsible for trying more complex and serious criminal cases. The full-bench criminal court consists of three judges. The proceedings, especially in major criminal cases, can sometimes take more than one court day in.
What Happens During a Substantive Hearing at the Full-Bench Court?
After the case is called out by the usher in the hallway of the courthouse, the judge usually begins the case by asking for your personal details. Once these are established, the public prosecutor will present the case and state what you are suspected of. After the presentation, the examination of the facts begins, during which the judge presents parts of the case file to the defendant. Sometimes witnesses are also heard during the hearing. When the factual aspect of the case is concluded, the judge will discuss your personal circumstances with you. After this, the prosecutor will give a closing speech stating their opinion on the case and address any potential punishment. The lawyer is then allowed to respond with a plea, presenting everything that is in your interest. The prosecutor and lawyer may then respond to each other again, after which you have the final word and the presiding judge will close the hearing.
Within What Timeframe Does the Full-Bench Criminal Court Deliver its Verdict?
Unlike the police judge, the full-bench criminal court does not immediately deliver a verdict after the case hearing. In almost all cases, the verdict follows within a maximum of 14 days after the case hearing.
You can be present for the verdict. This is not mandatory; you can waive this right. Even in the latter case, you will be informed of your verdict on the same day. Your lawyer can contact the criminal court registry on the day of the verdict.
What Penalties and Measures Can the Full-Bench Criminal Court Impose?
In criminal law, a full-bench chamber typically assesses cases where the public prosecutor demands a prison sentence longer than one year or a measure. When a short prison sentence, fine, or community service is demanded, the case will be presented to a single-judge chamber (also known as the police judge). Unlike the police judge, the full-bench criminal court can impose measures such as TBS (involuntary commitment) and placement in an institution for persistent offenders. Additionally, the full-bench criminal court can impose prison sentences up to the legal maximum.
What Can You Do if You Disagree with the Verdict of the Full-Bench Criminal Court?
If you agree with the verdict of the full-bench criminal court, you don’t need to do anything. If you disagree with the verdict, you can file an appeal. Your case will then be heard by the court of appeal. The court of appeal can then reassess your case entirely. In principle, you must file an appeal within 14 days after the verdict. Of course, a lawyer can also do this for you.
Why is it Advisable to Engage a Lawyer if You are Summoned to Appear before the Full-Bench Criminal Court?
If you receive a summons for the full-bench criminal court, the Public Prosecution Service believes that you have committed a serious criminal offense. This means that the public prosecutor may also demand a severe punishment against you. For this reason alone, it is advisable to always bring a lawyer to a hearing at the full-bench criminal court.
A lawyer can also assist you in the lead-up to the hearing. For instance, you can submit requests for investigation and witnesses up to 10 days before the hearing. As a layperson, it will be difficult to assess whether this is advisable. A lawyer also helps you read and understand the often extensive criminal case files associated with cases heard by the full-bench criminal court.
