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Practice area
Criminal investigations and prosecutions
The initial statement and evidence gathered during a criminal investigation may affect later stages. A suspect or defendant may be assisted by defence counsel, while a victim may participate in the investigation and prosecution.
Services provided
- Defence at police and prosecutor interviews and judicial questioning
- Challenges to detention and judicial control orders
- Reviewing investigation files and requesting the collection of exculpatory evidence
- Representing victims and intervening parties, and preparing criminal complaints and reports of offences
- Matters concerning economic and cybercrime offences
- Regional appeals and appeals on points of law
Common circumstances
I have been called to make a statement.
Before the statement, the allegation and available information are reviewed; the account to be given is considered and defence counsel attends while the statement is taken.
A relative has been taken into custody.
A person in custody has the right to consult a lawyer. The unit holding the file is identified and access to defence counsel is arranged.
I am the victim of an offence.
A criminal complaint or report of an offence is prepared, and the submission of evidence to the investigation file is followed. At the prosecution stage, an application to participate in the proceedings is considered.
Process
How a matter generally progresses
Criminal investigation: Suspect
Statement
Before making a statement to the police or public prosecutor, a suspect may consult a lawyer; defence counsel may be present while the statement is taken.
Conduct of the investigation
The public prosecutor gathers evidence. Unless access has been restricted by order, defence counsel reviews the file and requests the collection of exculpatory evidence.
Prosecutor's decision
At the conclusion of the investigation, the public prosecutor either issues a decision not to prosecute or prepares an indictment.
Prosecution stage
Once the indictment is accepted, trial proceedings begin; the defence is prepared, evidence is submitted and hearings are attended.
Judgment and appeals
A regional appeal against the judgment is considered, followed, where the applicable conditions are met, by an appeal on points of law.
These outlines show the general stages only. The competent authority, sequence of steps and available remedies in a particular matter depend on its facts.
Questions
Frequently asked questions
Must I make a statement as a suspect?
Apart from providing identity information, you have the right not to give an account—in other words, the right to remain silent. The exercise of this right is considered in the circumstances of the matter.
Can I report an offence myself?
Yes. You may apply directly to the public prosecutor or police. A chronological account of events and identification of the available evidence help clarify the scope of the report.
Contact details
You may contact us by telephone, email or WhatsApp.
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