criminal record (which affects your Certificate of Good Conduct (VOG) application), a confiscation order (confiscation of illegally obtained advantage), a compensation measure (to the victim), or administrative measures (closure of a home, revocation of a permit, confiscation of a driving licence).
It is therefore essential that your lawyer not only looks at the sentence, but at the overall picture. At Arslan Advocaten we approach every criminal case integrally: criminal law, administrative law and civil law come together.
Defence possibilities
Every criminal case offers possibilities for a defence. Your lawyer investigates, among other things:
Has the evidence been obtained lawfully? Unlawfully obtained evidence can be excluded.
Is there sufficient evidence for the alleged offence? The burden of proof lies with the Public Prosecution Service (Openbaar Ministerie).
Are there grounds for justification? Think of self-defence, force majeure or acting on orders.
Are there grounds for exclusion of guilt? Think of psychological force majeure, insanity or absence of intent.
Is the prosecution legally valid? Have deadlines been respected? Is the right to a fair trial guaranteed?
A good criminal defence lawyer leaves no stone unturned. At Arslan Advocaten we are known for our fighting spirit — we continue where others stop.
Understanding Fraud and Forgery under Dutch Law
Fraud (oplichting) and forgery (valsheid in geschrifte) are distinct but related criminal offenses under Dutch law, each with its own legal definitions and penalties. Fraud involves intentionally deceiving someone to obtain an unlawful benefit, typically financial. Forgery, on the other hand, concerns the falsification or alteration of documents, signatures, or other data with the intent to deceive.
Both offenses can occur in a variety of contexts, from simple consumer fraud to complex corporate fraud schemes, and from forging a signature on a contract to manipulating digital evidence. The Dutch Penal Code (Wetboek van Strafrecht) provides specific provisions outlining the elements of these crimes and their punishments.
It is important to note that the seriousness of these offenses often depends on factors such as the amount of financial loss, the number of victims, and whether the crime was committed professionally or repetitively. Because fraud and forgery cases can be intricate and involve detailed evidence, having a lawyer with expertise in these areas is crucial to ensure a robust defence.
Common Defence Strategies in Fraud and Forgery Cases
When defending a client accused of fraud or forgery, several strategies are commonly employed by experienced criminal defence lawyers. Understanding these can help suspects prepare and cooperate effectively in their defence:
- Challenging the Evidence: This involves scrutinising the evidence for authenticity and legality. If evidence was collected unlawfully, for example, without proper warrants or through coercion, it may be excluded from the case.
- Questioning the Intent: Fraud and forgery require intent to deceive. Defence lawyers may argue that their client lacked the necessary intent or knowledge to commit the offence, which can lead to acquittal or reduced charges.
- Proving Mistake or Accident: Sometimes, what appears to be forgery may have been an innocent mistake or miscommunication. Providing alternative explanations can be vital.
- Mitigating Circumstances: Even if guilt is established, highlighting mitigating factors such as the client’s personal situation, remorse, or cooperation with authorities can influence sentencing.
- Negotiating Plea Deals: In some cases, a negotiated settlement with the prosecution may lead to reduced charges or penalties, especially if the client agrees to compensation or restitution.
Each case is unique, and the choice of defence strategy depends heavily on the specific facts, evidence, and legal nuances involved. At Arslan Advocaten, we tailor our approach to the individual needs and circumstances of every client.
The Importance of Early Legal Assistance
Being suspected of fraud or forgery can be overwhelming and stressful. Early legal assistance is crucial for several reasons:
- Protecting Your Rights: From the moment you are suspected or questioned by the police, your rights must be safeguarded. Legal advice ensures you do not inadvertently make statements or decisions that could harm your case.
- Evidence Preservation: Early intervention allows your lawyer to begin gathering and preserving evidence, interviewing witnesses, and identifying procedural errors that could benefit your defence.
- Guidance Through Procedures: Dutch criminal procedures can be complex, involving police investigations, pre-trial detention, hearings, and possible appeals. Experienced counsel can guide you through each step.
- Reducing Stress and Uncertainty: Having a dedicated professional representing your interests provides reassurance and helps you focus on your future while the legal process unfolds.
At Arslan Advocaten, we encourage anyone facing accusations of fraud or forgery to seek legal advice immediately. Our offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven and Tilburg are ready to assist you with prompt, confidential support.
Frequently asked questions
Will a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal aid (toevoeging). You then only pay a personal contribution depending on your income — for the lowest incomes only €188.
Can I choose my own lawyer?
Yes, you always have the right to a free choice of lawyer. You can indicate your own lawyer to the police (voorkeursmelding) and you can change lawyers at any time.
Does Arslan Advocaten speak my language?
Our lawyers speak Dutch, Turkish, Polish and English. We can assist you in your own language, which is crucial in criminal law.
