Suspect: When Are You Suspected and What Are the Consequences?

Introduction

The term ‘suspect’ is often used in criminal law, but what exactly does it mean to be considered a suspect? In this article, we explain when someone is officially considered a suspect, what rights and obligations this entails, and what consequences this may have. We also discuss the role of the police, the public prosecutor and the court in this process.

What Does It Mean to Be a Suspect?

In legal terms, a suspect is someone who is reasonably suspected of having committed a criminal offence. Doubts about someone’s involvement can give rise to suspicion, especially when questions arise about a person’s behaviour or intentions.

This is determined on the basis of facts and circumstances that indicate involvement in a crime. The legal basis on which someone can be designated as a suspect is laid down in the Code of Criminal Procedure. The Code of Criminal Procedure regulates the rights and obligations of suspects.

How do you become a suspect?

You officially become a suspect if, based on an investigation, the police or the Public Prosecution Service (OM) has evidence that you are involved in a criminal offence. This can happen in the following cases:

• Arrest and interrogation by the police
• Investigation by the public prosecutor
• Decision by the examining magistrate

The police or the Public Prosecution Service must be able to explain on the basis of which facts or circumstances someone is designated as a suspect.

From that moment on, specific rules and procedures apply.

Rights of the suspect

As a suspect, you have various rights that protect you during the criminal proceedings:

• Right to a solicitor: You may consult a solicitor at any time, including during questioning.
• Right to remain silent: You are not obliged to answer questions from the judge or to respond during the hearing.
• Right to information: You must be informed about the suspicion and the progress of the investigation.
• Right to translation and interpretation: If you do not have a sufficient command of the Dutch language.
• Right to appear in court: You will receive a summons if you are required to appear before the judge.

Pre-trial detention and remand

In some cases, the examining magistrate may decide to place a suspect in pre-trial detention. This means that you will be taken into custody and imprisoned while the investigation is still ongoing. This happens, for example, if there is a risk that you will:

• Flight
• Evidence destruction
• Committing new criminal offences

At the end of the pre-trial detention, a suspect may be released. In that case, you will be free again and await the further course of the case outside of detention.

The duration of the pre-trial detention is taken into account in the final sentence.

Prosecution and trial

After the investigation, the public prosecutor decides whether you will be prosecuted. This means that you will be officially summoned to appear in court. The court deals with various types of cases, such as criminal and civil cases. During the hearing, your case will be heard and a verdict will ultimately be reached. You are still innocent until the judge declares you guilty. At this stage, your status as a suspect is also determined, for example, whether you must appear before a specific judge depending on the type of case.

Consequences of a conviction

If you are convicted, this can lead to various penalties, such as a fine, community service, or imprisonment. After the verdict, a convicted person is expected to comply with the penalties imposed and any legal obligations, such as providing DNA material. In addition, there may also be other consequences, such as:

• Criminal record
• Restrictions in certain professions
• Reputational damage

Evidence found plays an important role in determining the consequences of a conviction, as it is often decisive for the final verdict and the penalties imposed.

When are you no longer a suspect?

You remain a suspect until the case is concluded with a court ruling. This can be due to:

• Acquittal
• Conviction
• Discontinuation (case will not be pursued further)

Once the case has been concluded, the rights and obligations associated with being a suspect cease to apply.

Important roles in the criminal process

• Police: Collects evidence, conducts investigations and focuses on tracking down criminals.
• Public prosecutor: Responsible for prosecution and deciding on summons.
• Examining magistrate: Supervises the preliminary investigation and decides on pre-trial detention.
• Judge: Assesses the case and passes judgement.

An example (story): In a recent criminal trial, a suspect was arrested after the police, following reports of suspicious behaviour, gathered evidence and identified the criminals. The public prosecutor decided to prosecute, after which the judge ultimately handed down a verdict.

Explanation of Important Terms

• Suspect: Someone who is suspected of having committed a criminal offence, based on facts or circumstances.
• Reasonable suspicion: Enough evidence to believe that someone is involved in a criminal offence, but not yet definitive proof.
• Criminal offence: An act that is prohibited by law and punishable.
• Pre-trial detention: Temporary imprisonment of a suspect during the investigation to prevent risks such as flight.
• Pre-trial detention: The period during which a suspect is held in pre-trial detention before the case comes to court.
• Summons: Official summons to appear in court.
• Court: Authority where the case is heard and a verdict is reached.
• Public prosecutor: Representative of the Public Prosecution Service who decides on prosecution and demands punishment.
• Examining magistrate: Judge who supervises the preliminary investigation and makes decisions on matters such as pre-trial detention.
• Interrogation: Investigative interview in which the suspect answers questions or remains silent.
• Right to remain silent: The suspect’s right not to answer questions.
• Prosecution: The process of bringing the suspect before the court.
• Verdict: The judge’s decision on guilt or innocence.
• Convicted: When the judge determines that the suspect is guilty of the offence.

Conclusion

Being a suspect means that there is reasonable suspicion that you have committed a criminal offence. This entails rights and obligations and can have major consequences, especially if you are convicted. It is therefore important to know your rights and to seek legal assistance if necessary.