Article 12 of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) allows a directly interested party to complain to the court of appeal (gerechtshof) about a decision of the Public Prosecution Service not to prosecute an offence, or not to continue a prosecution. This complaint procedure (beklagprocedure) is often called the Article 12 procedure.
Table of contents
Which decisions can you complain about?
- a decision to dismiss the case (sepot);
- a decision to stop a prosecution already started;
- settling the case with a penal order (strafbeschikking), if you disagree with that outcome.
As a rule, the complaint must be filed within three months after you were informed of the decision (Article 12k Sv). A complaint is also inadmissible if the offence has become time-barred.
Who can complain?
Only someone with a direct interest, usually the victim or a surviving relative. Under the second paragraph, a legal entity can also complain if its articles of association and actual activities protect an interest directly affected by the decision.
How does the procedure work?
You file a written complaint (klaagschrift) by post or email, with a copy of the prosecutor’s decision. The court of appeal asks the advocate general (advocaat-generaal) for a report, usually hears you in a closed session, and then decides. If the complaint is upheld, the court orders prosecution. It looks at whether prosecution is feasible and whether it is desirable. No appeal is possible against the court’s decision.
Frequently asked questions
Which court of appeal is competent?
In principle, the court of appeal covering the district of the prosecution office that took the decision.
Do I need a lawyer?
No, but a lawyer can help you present evidence the prosecutor did not consider, such as financial records in an embezzlement case.
Related terms
- Dismissal of a case
- Public prosecutor
- Reporting a crime
- Injured party in criminal proceedings
- Article 257a Code of Criminal Procedure (penal order)
For help with a complaint about non-prosecution, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
