Who Decides on the Location of your Detention?
The Minister of Security and Justice determines where detainees are placed. The Minister does not make these decisions personally but has appointed selection officials for this purpose. The selection official decides on your placement and transfer to and from a PI (Penitentiary Institution), as well as your detention phasing.
Can You Request (Re)Placement from the Selection Official Yourself?
As a detainee, you have the right to request the selection official to be transferred to another PI or department. The law requires that this request be “well-founded”. This means you must be able to provide good reasons for why you should be transferred. If your request for (re)placement is denied by the selection official, you can directly appeal to the RSJ against this decision.
Can You Object to or Appeal against a Forced (Re)Placement by the Selection Official?
It’s possible that you didn’t request (re)placement yourself, but the selection official independently decides to transfer you. If you disagree with this decision for (re)placement, you have seven days to take legal action against it. The procedure you should follow depends on whether you were “heard” about the intention to (re)place you prior to this decision. If you were allowed to give your opinion beforehand, but the selection official didn’t consider your objections, you can directly appeal to the RSJ. If you weren’t heard about the intention to (re)place you, you must first file an objection with the selection official. The selection official will then make a new decision. Our lawyers are happy to help you draft a proper objection or appeal.
Can You Appeal against the Selection Official’s Decision on your Objection to (Re)Placement?
If your objection to (re)placement doesn’t lead to the desired result, you can appeal against the selection official’s decision to the RSJ. You have seven days to do this. This means you must act quickly after receiving a decision from the selection official on your objection to (re)placement. If your appeal is submitted too late, you will almost always be declared inadmissible. Need help drafting your appeal? Feel free to contact us, our lawyers are happy to help.
Why is it Advisable to Consult a Lawyer Regarding a Decision about (Re)Placement?
If you disagree with a decision for (re)placement, you can challenge this decision in an objection or appeal procedure. In these procedures, you must take into account various legal requirements. Not only do you need to pay attention to the legal objection and appeal period of seven days, but you also need to thoroughly substantiate why you disagree with the decision for (re)placement. Therefore, it’s wise to contact our specialists. An experienced criminal defense lawyer knows which legal arguments can be decisive for a positive outcome in your penitentiary procedure. You can always contact us without obligation.
