What can be agreed upon in procedural agreements?
In agreements between the Public Prosecution Service and the defense, the following matters, for example, may be discussed:
- The content of the indictment (the charge(s) by the Public Prosecution Service) and the judicial finding of fact;
- The type and severity of the sentence;
Seizures made by the Public Prosecution Service; - The confiscation of illegally obtained gains.
Procedural agreements are made between the Public Prosecution Service and the suspect. Ultimately, a judge must assess whether the agreements are reasonable and whether they do not conflict with the search for the truth or the public interest. It is also verified whether the agreements were entered into voluntarily and whether the suspect fully understood them. This can take place in a short and swift hearing where the agreements made can be quickly confirmed and recorded in a court ruling.
Why make procedural agreements?
Making procedural agreements can benefit all parties involved. This applies to you as a suspect, but also to the Public Prosecution Service and the judiciary. For you, procedural agreements can, for example, provide:
- more clarity regarding a sentencing recommendation and also a potential outcome prior to a hearing;
- a faster resolution of the case and the avoidance of lengthy proceedings;
- more control over the process.
Is it advisable to make procedural agreements?
Making procedural agreements is, for example, a solution in cases where there is substantial evidence and you want quick clarity on the outcome of the case. There are also cases where it may be advisable not to make any agreements and to litigate the case on its merits. Contact one of our experienced lawyers so that we can advise you on the possibilities and risks of procedural agreements.
The lawyer’s role in procedural agreements
Our experienced lawyers will first discuss the possibilities and risks of making procedural agreements with you. If you wish to make procedural agreements, we will contact the Public Prosecution Service. If the Public Prosecution Service is also open to making procedural agreements, we will ensure that the agreements are reached fairly in consultation with you.
Are you a suspect in a criminal case, or do you suspect that you are? If you require assistance in making procedural agreements or wish to discuss with a lawyer whether this is advisable in your case, please contact our office as soon as possible by calling 070-7621080. Our lawyers can discuss the possibilities and risks with you and contact the Public Prosecution Service to make agreements. Should you not wish to make agreements but require assistance during your criminal case, our criminal defense lawyers can, of course, also assist you during the criminal proceedings.
