The law: decision schedule

The decision schedule of Article 350 Criminal Procedure applies to every criminal procedure. Before the judge can and can look at a case, a number of questions must first be answered. These questions are discussed in this article.

Preparation of the penal code

The Criminal Code was drawn up in 1886 and is based on former regulations and nationally acceptable norms and values. Today we see that there is more and more European influence in the draft of the Code. More and more EU directives and obligations are being included in the Criminal Code.
The Code of Criminal Procedure regulates how the Criminal Code must be applied. Article 350 of the Code of Criminal Procedure is one of the most important articles. This article goes into effect before the process starts. But first of all Article 348 of the same code must be dealt with.

Article 348

The criminal proceedings start with answering the questions posed by Article 348 of the Code of Criminal Procedure. If all four questions can be answered positively, the decision schedule will only be discussed. Those questions are:
  • Is the summons valid?
  • Does the judge have jurisdiction?
  • Is the Public Prosecution Service admissible?
  • Are there other reasons for suspension?

Article 350

If the judge passes positively through the investigation of Article 348, it is important to look critically at the investigation into Article 350 Criminal Procedure. This research looks like this:

Can the charged fact be proven?

  • If no: acquittal
  • If yes: continue to answer question 2

What criminal offense does the proven statement according to the law yield? In other words: can a criminal offense be imposed?

  • If no: dismissal of all legal proceedings
  • If yes: continue to answer question 3

Is the suspect punishable?

  • If no: dismissal of all legal proceedings
  • If yes: continue to answer question 4

Determining the penalty, so which penalty are we going to impose?

  • Articles 9 and 9a of the Criminal Code and Article 351 of the Criminal Procedure Code are used here.

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