15.01.2015 Views

Netherlands National Drug Monitor - Research and Documentation ...

Netherlands National Drug Monitor - Research and Documentation ...

Netherlands National Drug Monitor - Research and Documentation ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Appeal<br />

Legal instrument permissible to anyone against whom a judgment was pronounced.<br />

Case dismissal<br />

Decision by the public prosecutor not to prosecute an established punishable offence<br />

on policy or technical grounds;<br />

See also: Dismissal on policy grounds. Dismissal on technical grounds.<br />

Case inadmissible<br />

Final judgment in which the judge refuses the request or dem<strong>and</strong> of a party or denies<br />

the Public Prosecutor permission to prosecute on grounds that lie outside the case itself<br />

(such as a procedural error).<br />

Charge<br />

Written record by an investigating officer about facts or circumstances observed by him<br />

or her.<br />

Compulsion<br />

Compulsion means the user is given no choice. He can be admitted without his consent.<br />

See also: Quasi-compulsion.<br />

Crime / felony<br />

More severe punishable act, defined as such in the law; the division of punishable acts<br />

into crimes <strong>and</strong> offences is of importance in procedural law (absolute competence <strong>and</strong><br />

legal remedies) <strong>and</strong> penalization; trials in the first instance are mainly held before the<br />

court as opposed to an offence, which is less severe.<br />

Criminal Case<br />

Charges against a suspect registered with an office of the public prosecutor.<br />

Criminal record/prior offence<br />

A criminal record / prior offence refers to a contact with the police in which charges<br />

were made relating to one or more offences.<br />

Custody<br />

Principal- : detention for a maximum of one year <strong>and</strong> four months; this is a lighter<br />

sentence than a prison sentence <strong>and</strong> is generally sat out in a rem<strong>and</strong> centre.<br />

Subsidiary- : detention on the grounds of not or not fully paying a fine.<br />

Discharge from (further) prosecution<br />

Decision by the judge, despite evidence supporting the case of the Public Prosecutor,<br />

based on the opinion that the offence or the accused is not punishable.<br />

See also: Verdict of guilt, Acquittal.<br />

Appendix A Glossary of Terms<br />

229

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!