Introduction: What is a pre-trial hearing and why is it important?
A preliminary hearing is a preparatory hearing in criminal law that helps to prepare complex criminal cases in a structured manner. In this guide, you will learn what a preliminary hearing is, why it is important, and how it can affect your criminal case.
This guide covers all the essential aspects of preliminary hearings: from basic definitions and the difference between preliminary hearings and pro forma hearings to practical consequences for defendants and solicitors. Whether you are a defendant yourself, work as a solicitor, or simply want to know more about Dutch criminal law, this information will help you understand how preliminary hearings influence the further course of criminal cases. The preliminary hearing is intended to prepare complex criminal cases so that all parties are well prepared for the substantive hearing.
The preliminary hearing focuses on procedural aspects of the case, not on whether the defendant is guilty of criminal offences. The aim is to prepare the substantive hearing as effectively as possible by dealing with all necessary investigation requests and motions in a timely manner. Although the preliminary hearing is not explicitly laid down in law, it is frequently used in practice.
Understanding the preliminary hearing: key concepts and definitions
Basic definitions
A preliminary hearing is an interim hearing in which the judge, together with the public prosecutor and the defence, discusses the preparation of a complex criminal case. The Dutch word ‘regie’ means ‘direction’ or ‘management’, which accurately reflects the function of this hearing: the judge takes control of the criminal proceedings.
Related terminology includes:
- Pro forma hearing: short hearing for simple procedural decisions
- Preparatory hearing: general term for hearings prior to the substantive hearing
- Interim hearing: hearing between the start and final judgement of the criminal case
Pro Tip: A direction hearing is not legally defined in the Code of Criminal Procedure, but has been developed in practice by courts to better handle complex cases.
Relationships with other concepts
The regie hearing forms a link between different phases of the criminal proceedings:
- Directory hearing â†’ discuss investigation requests → organise witness hearings â†’ prepare substantive hearing
- Requestadditional investigation â†’ judge decides → plan next steps → set hearing dates
This system ensures that all parties to the proceedings – public prosecutors, solicitors and judges – are well prepared for the substantive hearing. The direction hearing also ensures that the judge has all the information necessary for a fair and thorough trial.
In some cases, particularly in complex cases, preliminary hearings also take place at the court of appeal in preparation for the main hearing.
Why preliminary hearings are important in Dutch criminal law
Pre-trial hearings offer essential advantages for the efficient handling of complex criminal cases. They ensure structured preparation in cases involving multiple defendants, complicated evidence or extensive files. A pre-trial hearing is particularly useful in complicated and complex cases and focuses on the substantive preparation of the case.
Pre-trial hearings are often used in cases involving serious crimes, as these hearings contribute to the careful and structured handling of serious criminal cases.
The practical value of management hearings is evident from the following:
- Process efficiency: Further proceedings are organised because all topics have been discussed in advance
- Legal protection: Suspects and lawyers are given the opportunity to submit requests in good time
- Planning certainty: All parties involved know what will happen and when
Dutch courts routinely use management hearings in complex fraud cases, cases involving multiple defendants, and criminal cases requiring extensive witness examinations. This has led to shorter processing times and better-prepared substantive hearings.
Comparison table: pre-trial hearing vs pro forma hearing vs substantive hearing
| Aspect | Preliminary hearing | Pro forma hearing | Substantive hearing |
|---|---|---|---|
| Object | Preparation of complex cases | Simple procedural decisions | Assessment of guilt and punishment |
| Duration | 30-60 minutes | 5-15 minutes | Half a day to several days |
| Participants | Judge, public prosecutor, solicitor(s), sometimes defendant(s) | Judge, public prosecutor, solicitor | All parties to the proceedings + witnesses |
| Topics | Investigation requests, planning, procedural requests, hearing witnesses, determining who will be called as a witness | Pre-trial detention, postponement | Presentation of evidence, pleadings, judgment |
| Result | Planning next steps | Procedural decision | Judgment with sentence or acquittal |
| Preparation | Intensive by solicitors | Minimal | Very extensive |
Step-by-step: what happens during a pre-trial hearing
Step 1: Preparation and planning of the pre-trial hearing
The judge decides to schedule a preliminary hearing when a criminal case is complex. This happens in the following cases:
- Cases with multiple suspects
- Fraud cases with extensive files
- Cases in which many witnesses must be heard
- Criminal cases involving complex legal issues
Checklist for solicitors:
- Study the file thoroughly before the preliminary hearing
- Prepare investigation requests with specific reasons
- Consult with the client about the strategy to be followed
- Gather information for any requests to change pre-trial detention
Step 2: Course of the preliminary hearing
During the preliminary hearing, the judge systematically discusses various topics. The preliminary hearing provides an opportunity for the judge, the public prosecutor and the defence to discuss the progress of the case. The following points, among others, are discussed:
- Investigation requests from the defence: requests for additional investigation, witness hearings, expert investigation
- Prosecution’s position: public prosecutor’s response to requested investigative actions
- Procedural requests: questions about pre-trial detention, compensation, joinder of other cases
- Planning next steps: setting dates for witness hearings and substantive proceedings.
In addition, the judge discusses the documents in the criminal file, such as police reports and other evidence.
The judge maintains order in the courtroom and gives all parties the opportunity to explain their positions. In addition, the judge checks the personal details of those present and explains the procedure during the preliminary hearing. Important decisions are announced during the hearing or communicated shortly afterwards by letter.
Step 3: Decisions and next steps
After the preliminary hearing, the judge will decide on: * Which requests for investigation will be granted * The schedule for witness examinations and expert investigations * Any changes to or lifting of pre-trial detention * The date for the substantive hearing. The preliminary hearing usually concludes with a decision to allow the case to proceed to the substantive hearing.
- Which investigation requests are granted
- Planning of witness examinations and expert investigations
- Possible modification or lifting of pre-trial detention
- Date of substantive hearing
Benchmarks for permitted requests: Investigative requests are usually granted if they are relevant to the evidence and can reasonably contribute to finding the truth.
Pre-trial detention and freedom during the preliminary hearing
During the preliminary hearing, the suspect’s pre-trial detention often plays a central role. At this hearing, the defence has the opportunity to submit requests for the lifting, suspension or modification of pre-trial detention. For example, a solicitor may argue that the grounds for detention no longer apply, that there is no longer a risk of absconding, or that the suspect’s personal circumstances justify release. It is therefore very important that the defence substantiates its positions and requests well and communicates them to the judge in a timely manner.
The judge will carefully consider these requests during the preliminary hearing. Depending on the facts and circumstances of the case, the judge may decide to lift, suspend or extend the pre-trial detention. Sometimes the suspect is given the opportunity to await the criminal proceedings in freedom, which has a major impact on the further course of the case and the preparation for the substantive hearing. In other cases, the judge may decide that pre-trial detention remains necessary, for example because of the risk of repetition of criminal offences or the importance of the investigation.
The preliminary hearing contributes to an orderly and fair criminal trial. By making clear agreements about pre-trial detention and other procedural issues, unforeseen problems during the substantive hearing are prevented. Both the defence and the public prosecutor can present their positions and wishes, after which the judge makes a well-considered decision. This safeguards the rights of the suspect and ensures that the criminal proceedings are conducted in a transparent and structured manner.
It is essential for suspects and their lawyers to prepare thoroughly for the preliminary hearing. A well-founded request to lift or modify pre-trial detention can make the difference between detention and freedom during the further course of the case. The preliminary hearing is therefore a crucial moment in the criminal proceedings, during which the judge makes important decisions that affect the handling of the case and the position of the suspect.
Common mistakes at preliminary hearings
Mistake 1: Insufficient preparation of investigation requests by the defence Lawyers sometimes submit vague or unmotivated requests, which the judge rejects.
Mistake 2: Confusing the preliminary hearing with a pro forma hearing
Defendants and lawyers underestimate the significance of preliminary hearings and do not prepare sufficiently.
Mistake 3: Late submission of requests for additional investigation New requests after the preliminary hearing are usually not considered, unless there are special circumstances.
Pro Tip: Avoid these mistakes by preparing thoroughly and in good time. Discuss all possible investigation requests with your solicitor before the preliminary hearing and provide concrete reasons for each request.
Practical example: management hearing in a complex fraud case
Case Study: Amsterdam District Court heard a fraud case involving five defendants via a preliminary hearing
Starting situation:
- Money laundering case with five defendants and a 3,000-page file
- Defence requested examination of 15 witnesses
- Estimated duration of proceedings without preliminary hearing: 8 court days
Steps taken during the preliminary hearing:
- Judge discussed all investigation requests with parties to the proceedings
- Investigative requests were limited to 8 relevant witnesses
- Schedule was drawn up for witness examinations in 2 blocks
- File examination was structured per suspect
Final results:
- Duration of proceedings reduced to 5 hearing days
- All parties well prepared for substantive hearing
- No delays due to procedural surprises
- Efficient presentation of evidence through targeted witness examinations
Frequently asked questions about preliminary hearings
Q1: As a suspect, do I have to be present at a preliminary hearing?The presence of the suspect is usually not mandatory, but it can be useful. Your solicitor can represent you. However, your presence is recommended for important decisions regarding pre-trial detention.
Q2: Can pre-trial detention be lifted during a preliminary hearing?Yes, requests for the lifting or extension of pre-trial detention can be dealt with during preliminary hearings. The judge can decide immediately or postpone the decision until the substantive hearing.
Q3: When does the court schedule a preliminary hearing?Courts schedule preliminary hearings for complex cases, cases with multiple defendants, or when extensive investigation requests have been submitted. The judge decides on this after reviewing the case file.
Q4: What if the judge rejects the investigation requests?Rejected requests may be reconsidered during the substantive hearing if new circumstances justify this. Your solicitor may also object to the decision.
If you have any questions about preliminary hearings or would like to make an appointment, please contact us by e-mail.
Conclusion: key points about preliminary hearings
Preliminary hearings are essential preparatory hearings that structure complex criminal cases and help all parties involved to prepare optimally for the substantive hearing. The four most important points:
- Preliminary hearings ensure efficient proceedings through timely discussion of investigation requests and planning
- Good preparation is crucial â€“ lawyers and defendants must prepare thoroughly for these hearings
- Procedural rights are protected by structured handling of requests and objections
- Planning and clarity arise because all parties know what is going to happen and when
Are you involved in a complex criminal case? Then contact a criminal lawyer at Law & More. Good preparation and expert guidance are essential for an optimal outcome in your court case.