You have received a summons to appear before the police court

U hebt een dagvaarding ontvangen.

Receiving a summons often raises many questions. What exactly does the summons mean? What are the next steps? How should you prepare? Do you need a lawyer? What costs may be connected to the procedure? And what options do you have to defend yourself properly?

How do I prepare for the hearing I must attend?

When you receive a summons, it is best to prepare your case as thoroughly as possible. You have the right to consult your file from the moment of the summons until the day of the hearing. You may also request, for a fee, a copy of all or part of the file.

It is important to review your file carefully in advance. Before the summons was issued, an investigation took place and evidence was gathered. Without knowledge of that file, it is difficult to prepare your defence properly.

You also have the right to have witnesses called to the hearing. If witnesses are unwilling to appear voluntarily, you may choose to have them summoned by a bailiff so that they are required to attend.

Where can you find the criminal case file?

You can find and consult your file at the court registry of the court that will hear your case. In most cases, the registry is open from 8:30 a.m. to 12:30 p.m. and from 1:30 p.m. to 4:00 p.m., although this may vary from one court to another. It is therefore wise to check the exact opening hours of the competent police court in advance.

If necessary, you may also consider having witnesses summoned.

How does the hearing take place?

In a traffic case or criminal case before the correctional court, the defendant is not required to appear in person at the hearing. You may attend in person, be represented by a lawyer, or appear together with your lawyer. If you attend in person, the judge may ask you questions during the hearing. The court may also order your personal appearance. In that case, you are required to appear in person.

Sometimes the judge decides to hear witnesses or experts during the hearing. You may also request this yourself. In that case, the matter may be postponed to a later hearing so that the persons concerned can be properly summoned.

After any witness examination, or if no witnesses need to be heard, the civil party speaks first, if there is a victim who has joined the proceedings as a civil party. The public prosecutor then requests a sentence. The defence is then given the opportunity to explain its position. In criminal matters, the defendant in principle has the last word.

The judgment is delivered either at the same hearing or on a later date. The exact timing depends on the nature of the case and the court’s schedule. Today, in many cases, you may receive a notification that the judgment is available digitally through Just-on-Web. If no email address is known, you may be informed of this by letter.

What if neither you nor your lawyer appears at the hearing?

If neither you nor your lawyer appears at the hearing, the judge may still hear the case in default. This means the court will rule without your defence having been presented at the hearing. This is usually unfavourable, because you then have no opportunity to explain your arguments orally or respond to the public prosecutor’s request.

If you are convicted in default, you can in principle lodge an opposition or file an appeal. In the case of opposition, the matter comes again before the same judge. However, opposition is not automatically effective in every situation: if it is established that you were aware of the summons and you do not invoke force majeure or a legitimate excuse for your absence, the opposition may be declared void. The most appropriate next step in your case therefore depends on the specific circumstances.