In the case of minor offences, the Public Prosecutor may decide not to send a minor to a children's court but to discuss the offence and the penalty thus appropriate with the minor and his parent(s) or guardian. This is done during a so-called Public Prosecution hearing. The parent(s) or guardian will also receive an invitation from the public prosecutor. Your minor is entitled to free legal assistance from a lawyer to prepare for the hearing and to attend the hearing.

During the public prosecutor's hearing, the public prosecutor makes an offer which, if accepted, means that the case is not forwarded to the children's court. The lawyer will check with you and your minor whether the offer is a good one. If your minor has done nothing and the lawyer at the children's court expects an acquittal, it is of course not wise to accept an offer.

If the offer is accepted, it will be registered in the minor's judicial documentation. This judicial documentation is popularly referred to as a criminal record. Such a registration can cause problems in obtaining a certificate of conduct. It is therefore wise to consult a lawyer prior to the Public Prosecution hearing. It happens regularly that a lawyer manages to get the case dismissed or that the public prosecutor's proposal suddenly looks a lot better after the intervention of a lawyer for the child.

Have you or your son or daughter received a summons or have you or your son or daughter accepted a criminal proposal from the Public Prosecutor and yet you do not agree with it, please contact the criminal law specialists of Berte Advocaten to see what possibilities you still have.