Criminal law
Suppose you are arrested. Or you are suspected of a criminal offense. Or you have received a summons. Or perhaps you have received a penalty order. Or an invitation to be heard by the police. Or an invitation for a Public Prosecutor’s hearing. Or you have been convicted and want to appeal. Or you want your driver’s license back? Or you want to know if you can get a job after a conviction and what the situation is with your criminal record and your Certificate of Conduct (VOG) and much more…
In criminal law, much is at stake: your freedom, your future, and your reputation. As an experienced criminal defense attorney, I will assist you at every stage of the criminal procedure, from the arrest to the first interrogation, to the hearing and beyond.
Why Criminal Law at Izgi Advocatuur?
✔ I defend clients in various criminal cases, including:
• Property crimes – such as theft, handling stolen goods, fraud, embezzlement.
• Violent crimes – such as (serious) assault, assault resulting in death, domestic violence, threats, (armed) robbery, vandalism, public violence.
• Crimes against life – such as manslaughter, murder.
• Drug offenses – such as possession, trafficking, production, and import of drugs.
• Traffic offenses – such as speeding, driving under the influence, dangerous driving, leaving the scene of an accident.
• Sex offenses – such as sexual assault and rape.
• Weapons offenses – such as illegal possession of weapons, trafficking in weapons.
✔ I also assist in criminal-adjacent matters, such as:
• CBR procedures (driver’s license revocations)
• Certificate of Conduct (VOG)
• Article 13b Opium Act cases (administrative closure of properties - Damocles).
📞 Need immediate help with a criminal case? Contact us without obligation. Your defense starts here.
Murder and Manslaughter
Within criminal law, murder and manslaughter are the most serious crimes against life. The difference between the two offenses lies – in summary – in the presence of premeditation.
Murder requires that the perpetrator intentionally and with premeditation takes the victim’s life.
Manslaughter involves the intentional killing of another without premeditation.
Both offenses carry severe penalties, ranging from lengthy prison sentences to life imprisonment for murder.
Drugs
Drug offenses fall under the Opium Act and can range from possession and trafficking to production and import/export of narcotics. The severity of the case and the possible penalties depend on the type and quantity of drugs, as well as involvement in organized crime.
The law distinguishes, in summary, between:
Soft drugs and hard drugs: Hard drugs (such as cocaine, ecstasy, and heroin) are punished more severely than soft drugs (such as cannabis).
Organized Crime
Organized crime involves criminal offenses committed within a structured collaboration, often with a hierarchical organization and a long-term criminal objective.
Common offenses within organized crime include:
Drug trafficking and production;
Money laundering;
Weapons trafficking;
Fraud and cybercrime; and
Human trafficking.
The penalties for organized crime are significant and can include lengthy prison sentences and high fines. Additionally, special investigative methods are often used, such as wiretapping and other investigative techniques.
Insult, Slander, and Libel
Statements that harm someone’s honor or good name can be criminal. The Criminal Code distinguishes between insult, slander, and libel, depending on the severity and intent of the statement.
Insult: The intentional harming of someone’s honor or good name, orally, in writing, or through other means of communication.
Slander: The deliberate spreading of negative statements to damage someone’s reputation.
Libel: A form of slander where deliberate falsehoods are spread to harm someone.
The penalties range from fines to imprisonment, depending on the severity of the accusation and the manner of dissemination.
Traffic in Criminal Law
Traffic offenses can have serious legal consequences, ranging from fines and driving bans to imprisonment. Criminal law distinguishes between various types of traffic violations and offenses.
Common traffic offenses include:
Driving under the influence (alcohol or drugs);
Dangerous and reckless driving;
Driving without a license or while disqualified;
Fleeing the scene of an accident; and
Causing fatal or serious bodily injury through negligence in traffic.
Depending on the severity of the offense, penalties can range from fines and community service to long-term disqualification from driving and even imprisonment. The Public Prosecutor takes a strict approach, especially in cases of repeat offenses or serious consequences.
Property Crimes
Property crimes are criminal offenses that harm someone’s property or financial interests. These offenses can lead to fines, community service, or imprisonment, depending on the severity and circumstances of the case.
Common property crimes include:
Theft;
Burglary of homes or businesses;
Embezzlement; and
Fraud.
Violent Crimes
Violent crimes are criminal offenses involving physical or psychological violence against persons. The imposed penalties vary depending on the severity of the offense, the consequences for the victim, and any prior offenses.
Common violent crimes include:
Assault;
Serious assault;
Threats; and
Public violence.
The penalties for violent crimes range from community service and fines to imprisonment, depending on the circumstances and severity of the case.
Weapons Offenses
Weapons offenses fall under the Weapons and Ammunition Act (WWM) and are severely punished. The possession, trade, and use of prohibited weapons can lead to imprisonment, depending on the severity of the offense and the circumstances.
Common weapons offenses include:
Illegal possession of weapons – Having prohibited firearms, knives, or other weapons; and
Weapons trafficking and smuggling – Manufacturing, trading, or importing weapons without a license.
Sex Offenses
The Public Prosecutor treats these cases with great seriousness, and the consequences for suspects can be profound, both legally and socially.
As of July 1, 2024, the Sexual Offenses Act has come into effect. In summary, all forms of sexual contact are now criminal if it is clear that one party did not consent. Until July 1, 2024, proving rape, for example, required evidence of coercion during the act. This is no longer necessary as of July 1, 2024. Additionally, more forms of sexually transgressive (online) behavior have been criminalized as of July 1, 2024. Stay informed about the latest developments. Therefore, contact Izgi Advocatuur quickly if you are a suspect or victim of a sex offense.
Common sex offenses include:
Rape;
Sexual assault;
Indecency; and
Sexting and digital sex offenses (such as sextortion).
The penalties vary depending on the severity and circumstances of the offense. A suspicion or conviction can also have significant personal and professional consequences.
CBR
In CBR cases, the Central Bureau for Driving Certificates (CBR) is involved, usually regarding driver’s licenses. The CBR has the authority to revoke, suspend, or not renew driver’s licenses, often based on traffic offenses or medical reasons. Being unable to drive due to a CBR decision can have significant consequences for your daily life and work.
Common CBR cases include:
Revocation or suspension of a driver’s license – for example, after driving under the influence of alcohol or drugs, or after a serious traffic accident;
Medical examinations – the CBR may refuse or revoke a driver’s license due to health issues that impair driving ability.
Failing the driving test – legal assistance may be needed to dispute the exam results;
Appeal against CBR decisions – challenging CBR decisions in court, for example, against unjustly imposed measures.
Article 13b Opium Act (Property Closure)
The Damocles policy is a measure that allows municipalities to temporarily or permanently close properties when there are serious violations of the Opium Act, such as the production or trade of drugs. This policy is based on Article 13b of the Opium Act, which gives municipalities the authority to close properties used for criminal activities that endanger public order.
The Damocles policy focuses particularly on homes, business premises, and other buildings used for producing, trading, or storing drugs, such as cannabis cultivation. In such cases, municipalities may decide to close a property, ranging from a few months to permanent closure.
The closure of a property has major consequences for property owners, landlords, and residents. It can lead to loss of income, damage claims, and personal problems.
Certificate of Conduct (VOG)
A Certificate of Conduct (VOG) is often required for job applications, visa requests, or other official procedures. A VOG is issued by the government and shows that someone has not committed any criminal offenses that harm society’s interests.
A criminal record can significantly affect the ability to obtain a VOG. When applying for a VOG, the data on criminal offenses registered over time are assessed. Depending on the nature and severity of the convictions, obtaining a VOG may be refused. This can affect employment, education, or other societal involvement.
In some cases, a VOG request may be denied, even if the offense was committed long ago.
Acquittal or Dismissal?
If you are acquitted in a criminal case or if the case is dismissed (not prosecuted further), you may in some cases be entitled to compensation. This applies especially if you were wrongfully prosecuted or wrongfully held in pretrial detention. The law provides options to compensate for damages caused by the criminal procedure.
Possible forms of compensation include:
Compensation for non-material damages – For example, damage due to reputational harm or emotional distress;
Compensation for material damages; and
Compensation for wrongful detention.
Enforcement Cases (TUL)
When you face an enforcement case (TUL), this means the Public Prosecutor wants to execute a conditional sentence that was previously imposed. This can happen if you have not complied with the set conditions or have come into contact with the justice system again.
Conversion of Community Service
In the conversion of community service, quick legal help is essential. If community service is not or not fully carried out, it can be converted into a prison sentence. This can have significant consequences for you. Together with you, Izgi Advocatuur will explore options to prevent the conversion and propose alternative solutions. Contact us for a no-obligation consultation.