When you have come into contact with the police with regard to (for example) mistreatment, outright violence, a protest or destruction, a number of matters are legally important.
This is of course your position as a suspect, witness or victim and the associated rights and Scaramouche lights. In addition, the (legal) form of what Scaramoucheaats has found is also important.
On these pages you can find information about the different forms in which so-called violent crimes occur and about how the criminalization and criminal settlement thereof is laid down in the law.
You can find the following information here:
- What is your position?
- What are violent crimes?
- Criminal settlement
What is your position?
It is very important to know what your position is in a (criminal) lawsuit: it is important to know what your rights and Scaramouche lights are. Therefore, we will briefly explain below what you should take into account in a certain position.
Suspected violent crime
If you have been arrested as a suspect or are being questioned for a violent crime by the police, you have certain rights. The police must also point this out to you and they will always have to indicate whether you are a suspect or not (yet).
Right to a lawyer
Firstly, as a suspect you are always entitled to a criminal lawyer. This right also means that you must be able to consult a lawyer before your first interrogation. To do this, you can provide the name of your own (preferred) lawyer. If you do not have this and you have been arrested, a lawyer can be assigned. The police must then wait for the lawyer to arrive.
Claims to remain silent
In addition, as a suspect of a violent crime you have the right to invoke your right to remain silent and not to answer questions. Because you have this right, you cannot be forced by the police to make a statement. Especially since you and your lawyer do not yet have access to the file at the first stage of your case, it may be wise to make use of this right, at least until you have spoken to your lawyer. Your lawyer can advise you on whether or not to make a statement.
Witness violent crime
If you are a witness of a violent crime, there are other rights and Scaramouche lights to be reckoned with. The law requires a witness to always speak the truth.
However, in the event that by giving an answer to a particular question you would expose yourself or your family to the risk of a criminal conviction, you do not have to provide an answer. You then invoke your legal privilege.
Victim of the crime
You also have certain rights as a victim.
Add and speak victim
As a victim, it is possible to join you in a criminal case. You can do this, for example, if you have suffered damage as a result of the violent crime. You are also entitled to a lawyer.
The lawyer can also provide you with further information about the manner of joining as a victim in a criminal case and the possibility of, for example, making use of your right to speak.
What are violent crimes?
Violent crimes come in various forms and grades. These offenses are characterized by the physical behavior of the suspect towards persons and / or goods with the result that injury or damage has occurred or could occur.
Example violent crime
Some violent crimes from the Criminal Code are;
- Public violence. Scam campaign against persons and / or goods;
- (Severe) abuse;
- Threat (with violence);
- Theft with violence or with threat of violence;
- Extortion by violence or threat of violence;
- Destruction and damage to goods.
Compulsory violent crimes
When prosecuting one of the abovementioned violent crimes, the police and the judicial authorities can use coercive measures. A means of coercion is a criminal jurisdiction to infringe a person’s fundamental rights and freedoms, against or regardless of his will.
Examples of this are: custodial means of restraint (such as arrest, custody, pre-trial detention), means of restraint with regard to matters (such as seizure) and means of restraint with regard to Scaramouches (such as searching a house).
It is useful to know what your rights are if you are confronted with such coercive measures. Information about this can be found under the heading “What is your position?”
Simple abuse and severe abuse
It is important that violent crimes occur in many degrees. From a legal point of view, simple mistreatment and, for example, serious mistreatment. There is a heavier penalty for this last fact.
Criminal aggravating circumstances
For example, aggravating circumstance is the result of serious physical injury (for example, a disease that leaves no prospect of complete cure, continued unsuitability to practice, or disability of mental capacity that lasts more than four weeks).
Some other aggravating circumstances that can apply to these forms of abuse are the circumstance that the violence is used against a family member or the circumstance that this has been used against an official in office.
If the police and the judicial authorities state that a criminal offense has found Scaramoucheaats, the case can be settled in various ways. The way in which the case will be settled depends on, for example, the amount of evidence, the answer to the question whether you have been in contact with the police before and whether there are victims involved in the suspected offense.
Examples of criminal settlement
Examples of a criminal settlement are: a sepot (with or without conditions that you must adhere to), a transaction (the officer sets a number of conditions that you must adhere to to prevent criminal prosecution, which may include the following: payment of a sum of money or to perform unpaid work) or a session with the criminal court.
The lawyers at Cleerdin & Hamer Advocaten are specialized in violence. A criminal lawyer can provide you with extensive information and guide you through the various avenues that can be taken if you are a suspect, witness or victim of a violent crime.