Criminal case in the Netherlands: how does it proceed, step by step?

A criminal case in the Netherlands passes through four main stages: the police investigation, the decision of the public prosecutor (officier van justitie), the court hearing and, if a party appeals, the appeal or cassation. Deadlines are short: an appeal must be lodged within fourteen days of the judgment. Our overview of the Dutch criminal justice system describes the institutions involved.

What happens during the police investigation?

The police investigate the case under the authority of the public prosecutor. During this stage you may be questioned, arrested and detained, and coercive measures such as searches and seizures may be applied.

You have the right to consult a lawyer before you are questioned and to have a lawyer present during the interview. You are not obliged to answer questions. What you say ends up in the case file on which the prosecutor and the court later base their decisions.

What can the public prosecutor decide?

When the investigation is complete, the public prosecutor decides what happens next. There are three main options:

• Dropping the case. This happens when there is insufficient evidence, or on policy grounds.
• A punitive order (strafbeschikking). The prosecutor deals with the case without a court and imposes a fine or another sanction. A punitive order counts as a finding of guilt.
• A summons. You are summoned to appear before the criminal court.

Why should you be careful with a punitive order?

Accepting a punitive order by simply paying it is a decision with consequences. The order is registered in the judicial documentation system and can affect your application for a Certificate of Good Conduct (Verklaring Omtrent het Gedrag, VOG). If you disagree, you lodge an objection (verzet) with the public prosecutor’s office named in the order. Under Article 257e of the Code of Criminal Procedure (Sv), the deadline is fourteen days after the order was handed to you in person; for a fine of up to €340 sent by post, it is six weeks. The case is then dealt with by a judge.

What if the prosecutor decides not to prosecute?

A decision not to prosecute is not always final. A directly interested party, such as the victim, can complain to the court of appeal under the Article 12 procedure. The court of appeal can then order the prosecutor to prosecute after all.

Which court hears the case?

Which judge hears your case depends on how serious and how complex it is. There are three options at the district court:

• The police court judge (politierechter). A single judge hears straightforward cases in which the prosecutor will demand at most one year of imprisonment. The police court judge almost always gives judgment orally, immediately after the hearing.
• The three-judge chamber (meervoudige kamer). More serious or complex cases go to a panel of three judges. This chamber usually does not decide on the spot; the written judgment follows, as a rule, within fourteen days of the hearing.
• The subdistrict court judge (kantonrechter). Minor offences (overtredingen), such as many traffic offences, go before the subdistrict court judge, who usually also gives judgment straight after the hearing.

How does the court hearing proceed?

The hearing follows a fixed order. The judge opens the case and the charge is read out. The judge then questions you; you are not obliged to answer. Next, the evidence in the file is discussed.

The public prosecutor then sets out the case and ends with the sentencing demand. Your lawyer responds with the defence plea, after which the prosecutor may reply. You always have the last word before the court deliberates.

A victim may use the right to speak (spreekrecht) at the hearing and can claim compensation within the criminal case as an injured party.

How does the court reach its decision?

The court answers four questions in a fixed order. The answer to each question determines whether the court moves on to the next one:

1. Has the charge been proved?
2. Does the proved conduct constitute a criminal offence?
3. Is the accused criminally liable?
4. If so, what sentence or measure is appropriate?

If the first question is answered in the negative, the court acquits you (vrijspraak). If the second or third question is answered in the negative, the court discharges you from further prosecution (ontslag van rechtsvervolging). Only if all three are answered in the affirmative does the court impose a sentence.

Can you appeal the judgment?

Yes. You must lodge an appeal with the court of appeal (gerechtshof) within fourteen days of the final judgment. The public prosecutor can appeal as well. The court of appeal then reviews the case again, on the facts and on the law. In some minor cases, the court of appeal must first grant leave before the appeal can proceed.

Against the judgment of the court of appeal, you can lodge an appeal in cassation with the Supreme Court (Hoge Raad), again within fourteen days. The Supreme Court does not reassess the facts. It only examines whether the law was applied correctly and whether the judgment was properly reasoned.

What should you check as a suspect?

As a suspect, your first decisions are taken at the police station and when you receive a punitive order or summons. Check these points:

• Have you consulted a lawyer before the police interview, and is a lawyer present during it?
• Have you received the written statement of your rights and, where needed, an interpreter?
• Does a punitive order you received state the correct facts, and when does the fourteen-day objection period end?
• Will a conviction or punitive order affect a Certificate of Good Conduct (VOG) you need for work or a permit?
• Has the date of the judgment been noted, so that the fourteen-day appeal deadline is not missed?

What should you check as a victim?

As a victim you are not a party to the prosecution, but you have your own rights in the case. Check these points:

• Have you filed a report (aangifte) with the police and kept a copy?
• Have you joined the proceedings as an injured party (benadeelde partij) and documented your damage with invoices and receipts?
• Do you want to use your right to speak at the hearing, and have you told the public prosecutor’s office in time?
• If the prosecutor decides not to prosecute, have you considered an Article 12 complaint to the court of appeal?

What can we do for you in a criminal case?

Our criminal lawyers assist suspects and victims from the first police contact to the Supreme Court:

• We advise you before and during the police interview at the station.
• We review a punitive order and lodge the objection (verzet) within the fourteen-day deadline.
• We study the case file and request additional investigation or witnesses from the prosecutor or court.
• We prepare and deliver the defence plea at the hearing.
• We lodge an appeal or cassation within fourteen days and draft the grounds.
• For victims, we prepare the injured-party claim and an Article 12 complaint.

Summary

• A criminal case runs from the police investigation through the prosecutor’s decision to a court hearing, and possibly an appeal and cassation.
• You have the right to a lawyer before and during police questioning, and you are not obliged to answer questions.
• A punitive order counts as a finding of guilt and can affect a VOG; the objection deadline is fourteen days, or six weeks for small fines sent by post.
• The police court judge hears simpler cases with a demand of at most one year and usually decides on the spot; the three-judge chamber decides later, in writing.
• Appeal and cassation must each be lodged within fourteen days.

Frequently asked questions