Has the Public Prosecution Service (Openbaar Ministerie, OM) decided not to prosecute a criminal offence, or not to continue a prosecution? If you are a directly interested party, you can, subject to certain conditions, lodge a written complaint with the court of appeal. This is known as an Article 12 procedure under the Dutch Code of Criminal Procedure (Sv). The court assesses whether a prosecution should take place. In this procedure it does not establish guilt, nor does it directly award compensation.
Nederlands: Lees dit artikel in het Nederlands: OM vervolgt niet: wanneer heeft een artikel 12-procedure zin?
Türkçe: Bu makaleyi Türkçe okuyun: Savcılık kovuşturma yapmıyor: 12. madde prosedürü ne zaman anlamlıdır?
A complaint with good prospects starts from the reason why the Public Prosecution Service is not prosecuting. Is there insufficient evidence, has important investigation not been carried out, or does the Public Prosecution Service consider prosecution not to be in the public interest? Your response must address that reason. Below you can read who can complain, which time limits require attention and how to substantiate a written complaint in concrete terms.
What is an Article 12 procedure
The procedure is governed by Articles 12 et seq. of the Dutch Code of Criminal Procedure. It allows a directly interested party to put a decision not to prosecute before a court of appeal. Prosecution by way of a punishment order may also, under the statutory conditions, be the subject of a complaint.
The court can assess whether the criminal case should still be prosecuted or continued. Both the state of the evidence and the public interest in prosecution play a role. A complaint is therefore more than a request to look again at your sense of injustice.
The procedure is not an appeal against an acquittal. Different rules and restrictions apply once there is a final and irrevocable judgment. Nor is Article 12 the usual route for a suspect to obtain a more favourable dismissal code. The position of the complainant and the purpose of the request must be clear from the outset.
Who is a directly interested party
Not everyone who considers an event serious can start this procedure. You must have a direct interest in prosecution. A victim may have that interest. The position of surviving relatives or other directly affected persons may also be relevant, depending on the offence and the circumstances.
Article 12 also refers to legal entities which, according to their objects and actual activities, represent an interest that is directly affected. An organisation therefore cannot rely solely on broadly worded objects if its actual activities do not match them.
Briefly explain your own involvement and interest in the complaint. In a financial case, for example, this may be apparent from the loss suffered and its connection with the alleged conduct. When acting on behalf of an organisation, the representation and the relevant interest must also be clear. A lawyer can assess whether this admissibility requirement has been adequately substantiated.
Which decision do you want reviewed
Collect the dismissal letter or other decision and check which offence and which person it concerns. An investigation may consist of several parts. The Public Prosecution Service may dismiss one offence while another is still under investigation. A complaint must therefore state precisely which part, in your view, is wrongly not being prosecuted.
If you have not yet received a clear decision, first ask about the state of affairs and the reason why no prosecution is taking place. The court must be able to understand what you are complaining about. Unclear contact with the police is not always sufficient to identify the prosecution decision.
Has the Public Prosecution Service already issued a punishment order? In that case there is a form of prosecution, but the law nevertheless allows a complaint under certain conditions. A specific time limit applies. Do not, therefore, have the information you have received assessed as if every situation were an ordinary dismissal.
Time limits require a separate check
A general six-week objection period does not automatically apply to every dismissal letter. The Article 12 rules distinguish between different situations and special time limits. Nor does this mean that you can wait indefinitely. Limitation, loss of evidence and specific statutory restrictions may affect your options.
Where a punishment order has been issued, Article 12k provides that a complaint must in principle be lodged within three months of becoming aware of it. The law provides for an exception where the punishment order is not fully enforced. Article 12l contains, among other things, a three-month time limit after becoming aware of a formal notice of discontinuation of prosecution that has been served on the suspect.
That formal notice is not necessarily the same as any ordinary dismissal letter. Have the precise decision and stage of the proceedings checked for that reason. Keep the letter, the envelope and the digital receipt details. A request to the Public Prosecution Service for an explanation does not automatically suspend an applicable complaint period.
Why has the Public Prosecution Service dismissed the case
If there is insufficient evidence, your complaint must explain why, in your view, the assessment of the evidence is incorrect or incomplete. You can point to existing information that has been misread or to specific investigation that can still be carried out. Simply repeating that you are certain who the perpetrator is gives the court few new leads.
A policy reason involves a different discussion. The Public Prosecution Service may consider prosecution technically possible but not desirable in the public interest. Your complaint must then make clear which seriousness, consequences or other interests have not been sufficiently taken into account.
Sometimes a decision contains several reasons. Deal with them separately. A good argument about the seriousness of the offence does not in itself cure a fundamental lack of evidence. Conversely, sufficient evidence does not say everything about the weighing of the public interest. A targeted complaint makes both questions visible.
Which evidence makes a complaint concrete
Refer to existing documents, messages, photographs, statements or other information directly relevant to the alleged offence. Explain for each item what it supports and why this differs from the reasoning of the Public Prosecution Service. A large, unsorted folder of attachments is less useful than a limited, clear selection with an explanation.
Distinguish between your own observations and information from others. If a witness has seen something, state what that person is likely to be able to say and how he or she can be contacted. Do not approach witnesses in order to agree on a desired statement.
With digital evidence, the original context matters. Keep complete conversations and explain where the data comes from. A screenshot without a sender, date or history may raise questions. The reliability of your substantiation increases when the court can verify the source and context.
Identifying missing investigation
A request for investigation must be as specific as possible. Do not merely write that the police should investigate better. State which witness should be heard, which footage may exist or which transaction should be examined, and explain which question this could answer.
Take availability into account. Camera footage may be overwritten and digital data cannot be requested indefinitely. Report urgent sources immediately through an appropriate channel and do not wait until the written complaint has been completed.
A lawyer can assess whether the proposed investigation is relevant and feasible. Not every conceivable investigative step needs to be taken. What matters are steps that can genuinely affect the evidential position or the prosecution decision. A targeted request is more persuasive than an open-ended list of possibilities.
Explaining the interest in prosecution
If the Public Prosecution Service considers prosecution undesirable, you can explain why, in your view, the consequences and the public interest carry more weight. Think of the specific seriousness, repetition, vulnerability of those involved or wider consequences that are apparent from the file. Substantiate these circumstances and avoid unproven accusations about other events.
You may describe the personal consequences for you. Do make clear, however, how they relate to the offence and why they are relevant to prosecution. A businesslike explanation does not detract from the seriousness of your experience; it helps the court answer the legal question.
Article 12i leaves room to refuse an order to prosecute on grounds of public interest. The outcome therefore does not depend solely on whether you have suffered harm. The written complaint must explain why criminal prosecution is appropriate in this situation.
What to include in the written complaint
A useful written complaint has a clear structure. Start with your details and your direct interest. Then describe the offence, the person involved as far as known, the police report and the decision you are complaining about. Use public prosecutor’s office or registration numbers to avoid confusion.
Your objections to the reasoning follow. Arrange them by topic and refer to numbered attachments. Conclude with what you are asking the court, for example an order to prosecute and an assessment of specifically identified requests for investigation. Date and sign the document.
| Section | Purpose |
|---|---|
| Your interest | Showing why you are a directly interested party |
| Decision | Making clear which decision not to prosecute is being challenged |
| Facts | Providing a verifiable, concise timeline |
| Objections | Responding to the actual reasons for dismissal |
| Evidence | Explaining for each attachment what it shows |
| Request | Stating which decision and investigation you are requesting |
A standard letter can help with the form, but it is no substitute for a substantive assessment. It is precisely the reason for the dismissal and the specific evidence that determine which arguments are needed.
To which court of appeal should the complaint be sent
In principle, the court of appeal with jurisdiction is the one for the district in which the decision was taken or the punishment order was issued. Article 12 also contains special jurisdiction rules, including for certain public prosecutor’s offices and specific cases. The correct court therefore does not follow solely from where you live.
Have jurisdiction checked on the basis of the sender and nature of the decision. Use the court of appeal’s current submission options and keep a confirmation of receipt. Send sensitive documents through an appropriately secure channel.
The practical information from the Dutch judiciary (Rechtspraak) on Article 12 helps with submission. Check the contact details again when sending, especially if you are using an older letter or a saved address list.
What happens after submission
The court confirms receipt and asks the advocate general to submit a written report. In this procedure, the advocate general represents the Public Prosecution Service at the court and is not your personal lawyer. The court decides independently on the complaint.
If the complaint is manifestly inadmissible or manifestly unfounded, it may be disposed of without further investigation. In other cases, rules apply on hearing or properly summoning the complainant. The person whose prosecution is sought may also be heard and must, before an order to prosecute is made, have been given the statutory opportunity to respond.
Additional information may be needed. The total duration is therefore not the same in every case. Make sure you remain reachable and respond to letters in time. A firm promise that a complete Article 12 procedure will be concluded within a few weeks would not give a realistic picture.
Inspecting the file and preparing for the hearing
Article 12f governs the possibilities for inspecting documents, subject to statutory exceptions. Privacy, investigative interests or other compelling interests may justify restrictions. Ask in good time how inspection is arranged in your procedure and which documents are available.
Use the preparation to test your complaint against the information that has since become known. Sometimes the file contains investigation you were not aware of. Sometimes it shows precisely why an important element is missing. Adjust your explanation accordingly rather than simply repeating the original written complaint word for word.
The hearing is not public. Prepare a short explanation of the main points and bring your lawyer or a permitted representative if you would like assistance. Communicate practical needs, such as an interpreter or necessary support, in good time in accordance with the court’s instructions.
What can the court decide
The court may dismiss the complaint or order prosecution or further prosecution. An order may also be linked to certain investigative steps. The precise content of the decision determines what the Public Prosecution Service must do next.
Upholding the complaint does not mean that the person complained about has been convicted. In subsequent criminal proceedings, the evidence, criminal liability and any sanctions still have to be assessed. This distinction is important for realistic expectations and for careful communication with others.
No ordinary appeal or appeal in cassation is available to the parties against the decision in the Article 12 procedure. A repeated complaint about the same offence requires attention to new circumstances and is not simply a repeat of an appeal procedure. Have the reasoning for a dismissal carefully explained, therefore, before you consider a next step.
Compensation is a separate question
In the Article 12 procedure, the court does not directly award you compensation. If prosecution follows, a claim as an injured party may, under certain conditions, be submitted in the criminal case. A civil route may also be relevant, in addition or as an alternative, depending on the circumstances.
Do gather information about your losses in good time. Think of medical expenses, repair costs or demonstrable loss of income. Proving the criminal offence and substantiating the loss are related, but they are not the same. An amount of damage does not automatically prove who is criminally responsible.
Also have any civil limitation periods assessed. Starting a criminal complaint does not automatically take care of all other time limits. A coherent approach prevents you from focusing entirely on prosecution while a separate claim needs attention.
If you are the person complained about
Has someone lodged an Article 12 complaint about you after a dismissal? A summons from the court does not yet mean that the dismissal has been set aside or that you will be convicted. Your response is important, however, because the court may decide that prosecution must take place.
Article 12g provides that the person whose prosecution is sought is not obliged to answer questions in chambers. You may be assisted by a lawyer and have the available documents assessed. Send the original dismissal decision, the summons and the written complaint to your lawyer.
Do not approach the complainant to get the procedure stopped. Your position can be put forward through the legal route. This also applies if you consider the complaint incorrect or hurtful. A new confrontation may in fact add further facts or concerns to the file.
Frequently asked questions about Article 12
Can I always complain if the police do nothing?
You must be a directly interested party and make clear which decision not to prosecute is being challenged. First ask about the status and reasoning if these are unclear. Not every unpleasant contact with the police falls under Article 12.
Am I required to have a lawyer?
No, a lawyer is not mandatory. Assistance can, however, be useful for admissibility, time limits, evidence and requests for investigation. Subsidised legal aid may be available under certain conditions; have that assessed separately.
Does a six-week time limit apply?
There is no general six-week time limit for every Article 12 complaint. There are, however, special statutory time limits, including three months in certain situations. The precise decision and when you became aware of it should be checked immediately.
Will the person complained about see my complaint?
The law provides for information to be given to, and possible inspection by, the person whose prosecution is sought, subject to certain exceptions. Do not, therefore, assume that your documents will remain completely anonymous. Discuss any privacy or safety concerns in advance.
Does upholding the complaint mean the perpetrator has been established?
No. The court decides on prosecution, not on a final conviction. In the subsequent criminal proceedings, the statutory questions of evidence and criminal liability still have to be answered.
Can I complain again after a dismissal of my complaint?
A repeat complaint is not an ordinary appeal. New circumstances may be relevant, but they must be assessed specifically. First have the reasoning of the earlier decision and the nature of the new information examined.
Having your dismissal decision and complaint assessed
Arslan Advocaten can assess whether an Article 12 procedure suits your situation and what substantiation is needed. See our criminal law services or contact us. Send us the decision, the police report and the key evidence, and state when you received the decision.
Sources
Editorial team and responsible lawyer
Editorial team: Arslan Advocaten. Responsible lawyer for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information is no substitute for an assessment of your own file.
