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Complaint to non prosecution (Art 12 Sv)

What is an Article 12 SV procedure?

If you, as a directly interested party, do not agree with the public prosecutor’s decision not to prosecute the defendant, you can file a complaint with the court. This is known as an Article 12 SV procedure (formal complaint about non-prosecution of criminal offences) and refers to Article 12 of the Dutch Code of Criminal Procedure. Following your complaint, the court will decide whether or not the defendant should still be brought before the court.

Inspection of court documents

For PSG, this means that we are regularly asked questions by lawyers assisting the victim of a crime. After having obtained access to the procedural documents (Article 51 of the Code of Criminal Procedure), lawyers often come across extensive investigation files. These files often also contain official reports of findings regarding digital forensic investigation, and specialist knowledge is required to determine the usefulness of further investigation. It is not uncommon for the investigation to conclude that nothing relevant has been found, while it is unclear where the search was carried out and – just as important – where no search was carried out.

What seems irrelevant at some point in the investigation may later prove to be of great importance!

Victim lawyer

PSG works closely with renowned victim lawyers. This cooperation has repeatedly led to a turnaround in the prosecution. It is these things that inspire us the most and fuel our desire to contribute significantly to maintaining the rule of law.

Victim support

In addition to our partnership with the legal profession, PSG also maintains close contacts with Victim Support Netherlands (Slachtofferhulp Nederland). Every year, this organisation helps 200,000 victims and their next of kin to resume their lives again after a major event. In addition to offering emotional help, Victim Support accompanies victims in the criminal process. This is where the paths of Victim Support, the legal profession and PSG cross and where we work together to uncover the truth.

Thanks to our years of experience and personal contacts, PSG has access to a comprehensive arsenal of current data files and a very extensive network both in the Netherlands and abroad. If we cannot answer an investigation question within the legal frameworks, we will not carry out the investigation.

PSG’s forensic investigators have years of experience in fields such as defence, police, Interpol and special investigation services. They all hold a private investigation licence granted by the Ministry of Justice and Security. They have also obtained internationally recognised certifications such as:

  • Certified Information Systems Security Professional (CISSP)
  • Certified Information Security Manager (CISM)
  • Certified Computer Examiner (CCE)
  • Encase Certified Examiner (EnCE)
  • Certified Fraud Examiner (CFE)
  • Certified Ethical Hacker (CEH)

We have become what we are thanks to the trust of our clients. Whether small or large, standard or customised, and high-profile to unique, our vision is that every assignment is equally important. Our clients include ministries, local governments, the financial sector, housing corporations, real estate agents, the legal profession and the private sector.