Criminal Law

A waiver of prosecution means that the prosecution refrains from pressing charges even though they believe there is criminal liability. This can be given when special circumstances make prosecution unnecessary, often in less serious cases or when the perpetrator is young.

A penalty notice is an offer from the prosecution to settle a criminal case by paying a fine, instead of having the case go to court. Before accepting a penalty notice, you should consider if you acknowledge guilt and whether the fine is proportionate to the action. An accepted penalty notice has the same effect as a judgment.

An indictment is the police's first formal charge when they have a strong suspicion of a criminal act. An accusation comes later in the process when the prosecution believes they have sufficient evidence to convict the accused in court. The accusation is the very basis of the trial.

Intent means that a person has knowingly and willfully committed an act or understood that the act was highly likely to occur. Negligence means that a person has acted carelessly or recklessly, without necessarily intending to do something wrong. This distinction can have a significant impact on sentencing.

A defense attorney represents the accused or defendant in criminal cases and is responsible for safeguarding their rights throughout the criminal process. On the other hand, a victim's advocate represents the victim and is responsible for securing their interests, assisting with the filing of compensation claims, and providing support throughout the legal process.

A charge means that the police have a qualified suspicion that you have committed a criminal offense. As the accused, you have certain rights, including the right to remain silent, the right to be assisted by a lawyer, and the right to access the case documents.

In a police interrogation, the police will ask you questions about the case in question. You have the right to have a defense attorney present, and you are under no obligation to explain yourself. It is important to know that everything you say can be used as evidence later. Therefore, we always recommend having an attorney present during a police interrogation.

A main hearing begins with the prosecutor (the prosecution) reading the indictment and giving an introductory presentation of the case. Then, the defendant has the opportunity to explain their side. This is followed by the presentation of evidence, including witness testimonies and the review of other evidence. Finally, the prosecutor and the defense attorney make their closing arguments before the judge withdraws to consider the question of guilt and any potential sentencing.

Yes, if you are acquitted or the case is dismissed, you may be entitled to compensation for economic loss and reparation for the burden the prosecution has caused. This is particularly true if you have been in custody or convicted in a previous instance.

You are entitled to a public defender in several cases, including when you are in custody, when the case is to be dealt with in a main hearing (with some exceptions for less serious cases), or when special reasons justify it. In such cases, the state covers the costs of the defender.