Dismissal: What does this mean for your criminal case?
Have you received a letter from the Public Prosecutor's Office stating that your case has been dismissed? Then you are probably wondering: am I free now? Will I still receive a punishment? And will this appear on my criminal record?
Every day , people search for "criminal case dismissed, " "what does dismissed mean," and "case dismissed." In this blog, we explain clearly and practically what a dismissal entails and what this means for your criminal case.
What is a dismissal?
A dismissal means that the Public Prosecutor's Office has decided not to prosecute you further. The criminal case is thereby terminated (provisionally or definitively) without the intervention of a judge.
Important to know:
a dismissal is not a conviction;
you will not be punished;
However, a dismissal can take various forms.
What types of dismissals are there?
The Public Prosecution Service has several grounds for dismissal. The most common are:
Technical dismissal
In the case of a technical dismissal, there is insufficient evidence or the case is not legally viable. This means that:
the Public Prosecution Service cannot prove that you committed the criminal offense.
Policy portfolio
In the case of a policy decision not to prosecute, the Public Prosecution Service decides not to prosecute, even though prosecution would be legally possible. This may be due to, for example:
minor seriousness of the fact,
personal circumstances,
passage of time.
Is a dismissal final?
Not always. In some cases, a case may:
be reopened after all,
or a victim can enforce prosecution through a complaint procedure.
That is why it is important to know what type of dismissal you have received and what the exact grounds for dismissal are.
Will you receive a criminal record if the case is dismissed?
No.
A dismissal does not result in a criminal record because:
there is no conviction,
and no penalty order has been imposed.
Are you unsure about this? Then it is wise to seek legal advice, especially if you will need a Certificate of Good Conduct (VOG) in the future.
Case dismissed: is a lawyer still necessary?
Even if the case is dismissed, a criminal defense attorney can still play an important role, for example by:
to verify whether the dismissal is final,
to assess whether further steps are necessary,
claim compensation for wrongful prosecution,
or to assist with a complaint procedure.
Dismissal in your criminal case? Have it checked
A dismissal sounds positive, but the legal consequences vary depending on the situation. It is therefore wise to have your dismissal assessed by a specialist.
👉 Have you received a dismissal and would you like to know exactly what this means for your criminal case? Contact us for a no-obligation initial consultation. We will put you in direct contact with a specialized criminal defense attorney.