You are Invited as a Suspect to a Public Prosecutor Hearing. What Now?
If the Public Prosecutor believes you are guilty of a criminal offense, in certain cases they can impose a penalty themselves. This is called a penal order. The penalty is imposed without the intervention of a criminal judge. This can be done in two ways:
- You receive the penal order at home. If you disagree with the imposed penalty, you can object to the Public Prosecutor within fourteen days. You then appeal against the penal order. Our criminal defense lawyers are happy to help you submit a well-founded legal appeal.
- You receive an invitation for a so-called public prosecutor hearing. During this conversation, the Public Prosecutor will propose a penalty to you in person. No criminal judge is present.
Can You Refuse the Invitation for a Public Prosecutor Hearing?
You are not obliged to accept the invitation for a public prosecutor hearing. If you refuse the invitation, the Public Prosecutor can still submit your criminal case to the police judge. You will then receive a summons. Ultimately, it is the police judge who decides whether you will be penalized and what penalty is appropriate.
Why is it Advisable to Consult a Lawyer before the Public Prosecutor Hearing?
Never respond to the invitation for a public prosecutor hearing before you have spoken with a criminal defense lawyer. Your lawyer can investigate whether there is sufficient evidence against you. Moreover, your lawyer prepares you for the public prosecutor hearing. The lawyer explains your rights and advises you on accepting a penal order. If you accept or refuse a penal order without advice, you may suffer adverse consequences. Please contact us without obligation to prevent this.
Can You Refuse the Proposed Penal Order During a Public Prosecutor Hearing?
You are not obliged to accept the proposed penal order. If you do not agree with the proposed penalty, your case can still be submitted to the police judge. The Public Prosecutor will then have to prove that you are guilty of a criminal offense. The criminal judge ultimately decides whether you are guilty and what penalty (if any) will be imposed.
What are the Consequences of Accepting a Penal Order for your Criminal Record?
If you accept the penal order, you no longer need to appear before the police judge. However, this means that your guilt is established. As a result, this will appear on your criminal record (Judicial Documentation). This can prevent you from obtaining a Certificate of Conduct (VOG). Keep in mind that this can cause problems when finding an internship or a new job. Therefore, never accept a penal order before you have spoken with your lawyer. Seeking expert advice can prevent adverse consequences in the future.
Why is it Advisable to Bring a Lawyer to a Public Prosecutor Hearing?
A public prosecutor hearing bypasses the criminal judge. Therefore, there is no independent judge to assess the evidence. Your lawyer will ensure that the public prosecutor hearing proceeds according to the rules and will be able to advise you immediately about the proposed penal order. If the Public Prosecutor has little evidence against you, your lawyer can argue that the Public Prosecutor should not impose a penalty on you. In case there is sufficient evidence against you, an experienced criminal defense lawyer can immediately assess whether the proposed penalty is reasonable. If necessary, your lawyer will formulate a counter-proposal to settle the case immediately. Suspects generally feel more at ease with a lawyer by their side who helps them through these negotiations with the Public Prosecutor. Our criminal defense lawyers can assist you during the public prosecutor hearing. Please feel free to contact us without obligation.
What is the Difference between a Penalty Order and a Transaction Proposal?
If the Public Prosecutor wants to impose a penal order on you, you will be invited to a public prosecutor hearing. Do you agree with the penal order? Then you admit guilt. If the Public Prosecutor wants to make you a transaction proposal, you may be invited to a so-called TOM hearing. You do NOT admit guilt if you accept the proposal. Nevertheless, accepting in both cases has consequences for your criminal record. The invitation you received states which hearing it concerns. Never respond to this invitation before you have spoken with a criminal defense lawyer. This can prevent adverse consequences in the future.
