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paul2006
Leeftijd: 58
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Berichten: 15
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 Geplaatst: di 09 feb 2010 16:38 Onderwerp: Huiselijk Geweld - Geen aangifte toch zitting |
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Hello Everybody,
I'm sorry being writing in English but I want to help a Dutch friend. Please be comfortable to answer in Dutch. Here is his story:
- Dutch and Argentinian Nationality;
- Beats his girl and went to jail for 12 days in The Netherlands;
- The girl don't wanted to do “aangifte”;
- The girl said to the OJ that she lies at the police station because she was furious, so she made up a lot of things that didn't happened (“de facto” 2 beatings in her face happened);
- The couple use to have violent consensual sex with alcohol abuse;
- The couple is together and besides this unique episode there is no history of criminal record or violence;
- The couple went to therapy at De Waag, de “verdachte” went to the "reclassering" interviews and followed all instructions of his lawyer;
The main strategy was to avoid a jail conviction and follow an anti- domestic violence program.
BUT:
- He went to Argentina for vacation and the reclassering consider this as an attempting to escape and send a rapport to the OM;
- He don't want to go back to The Netherlands for the judgment because he is afraid of going to the jail, once the reclassering dismisses his case;
- His girlfriend wants to testify to the judge in his favor and clarify where she lies during her process verbal at the police station;
QUESTIONS:
- Once the couple is living together and there is no violence before and after this event and there is no “aangifte”, is this not a case of the state invading the privacy of citizens?
- Can this be considered as a kind of abuse of the OM? The last Zembla TV program exposed an example of domestic violence in witch an “aangifte” was done and nothing happened with the offender...
- What is the usual jurisprudence in similar cases?
- In a case of a conviction how long this guy will have to stay abroad before his penalty expires in the NL? (Argentinian gov. did not expatriate its nationals. There are only two exceptions: international narcotic handle and terrorism, witch is not the case. He may go to court in Argentina but with his girlfriend statement this case will be filled.)
Let me know if you need more details to built some solid answers.
Thank You in Advance. |
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sabri
Leeftijd: 49
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Studieomgeving (BA): OU
Berichten: 441
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| Geplaatst: di 09 feb 2010 18:56 Onderwerp: Re: Huiselijk Geweld - Geen aangifte toch zitting |
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| paul2006 schreef: | Hello Everybody,
I'm sorry being writing in English but I want to help a Dutch friend. Please be comfortable to answer in Dutch. Here is his story:
- Dutch and Argentinian Nationality;
- Beats his girl and went to jail for 12 days in The Netherlands;
- The girl don't wanted to do “aangifte”;
- The girl said to the OJ that she lies at the police station because she was furious, so she made up a lot of things that didn't happened (“de facto” 2 beatings in her face happened);
- The couple use to have violent consensual sex with alcohol abuse;
- The couple is together and besides this unique episode there is no history of criminal record or violence;
- The couple went to therapy at De Waag, de “verdachte” went to the "reclassering" interviews and followed all instructions of his lawyer;
The main strategy was to avoid a jail conviction and follow an anti- domestic violence program.
BUT:
- He went to Argentina for vacation and the reclassering consider this as an attempting to escape and send a rapport to the OM;
- He don't want to go back to The Netherlands for the judgment because he is afraid of going to the jail, once the reclassering dismisses his case;
- His girlfriend wants to testify to the judge in his favor and clarify where she lies during her process verbal at the police station;
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It is difficult to comment on this specific case without know all the legal facts, but here are a few guidelines:
1. It is not necessary for the gf to file a formal complaint ("aangifte", in this case). Anyone who has knowledge of a criminal act has the right to do so.
2. If someone was in custody for 12 days, this means at least a judge has had a look at it. This would imply that -someone- has filed a formal complaint ("aangifte").
3. If he wants to come back to .nl it is pretty safe (provided there are no other warrants in his name). For a "normal" case of assault (ie 2 beatings in her face), the punishment will probably be lower than or equivalent to 12 days. In fact, having spent a day in the courthouse watching this kind of cases, my guess would be that he would be fined something between 500 and 1000 euro's.
| Quote: | | - Once the couple is living together and there is no violence before and after this event and there is no “aangifte”, is this not a case of the state invading the privacy of citizens? |
No, not at all. Once the police has a reasonable suspicion of criminal behavior, it is allowed to investigate and/or prosecute. A formal "aangifte" is not necessary.
| Quote: | | - Can this be considered as a kind of abuse of the OM? The last Zembla TV program exposed an example of domestic violence in witch an “aangifte” was done and nothing happened with the offender... |
No. This is not applicable at all.
| Quote: | | - What is the usual jurisprudence in similar cases? |
My guess would be a fine between 500 and 1000 euro's. Maybe with some community service. A first offender rarely gets jailtime, unless the crimes committed are serious felony's.
| Quote: | | - In a case of a conviction how long this guy will have to stay abroad before his penalty expires in the NL? (Argentinian gov. did not expatriate its nationals. There are only two exceptions: international narcotic handle and terrorism, witch is not the case. He may go to court in Argentina but with his girlfriend statement this case will be filled.) |
That varies per penalty. |
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paul2006
Leeftijd: 58
Geslacht:
Sterrenbeeld:
Berichten: 15
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| Geplaatst: di 09 feb 2010 19:06 Onderwerp: Thanks Sabri |
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Well I should advise him to go back and face the court. His biggest fear is to go back to jail, CONSIDERING THE RECLASERING RAPPORT in witch the conclusion is that his social live is in Argentina and they can not guide him in a re-socialization procedure.
Moreover, based in your comment, there is a very low chance that a judge sentences him to jail even with that negative recl. rapport.
take care. |
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