A criminal case in the Netherlands runs through a fixed set of stages, and at each of them a decision is taken that determines whether the case goes further. Knowing which stage you are in tells you what can still be influenced. This article follows a case from the first police contact to the judgment; our overview of the Dutch criminal justice system describes the institutions involved.
Investigation
Cases usually begin with the police, who investigate under the authority of the public prosecutor. During this stage a suspect may be questioned, arrested and detained, and coercive measures such as searches and seizures may be applied. A suspect has the right to consult a lawyer before questioning and to have one present during it, and what is said here ends up in the file that everything later is built on.
The prosecutor’s decision
When the investigation is complete, the public prosecutor decides what happens. There are three main possibilities. The case can be dropped, either because there is insufficient evidence or on policy grounds. It can be dealt with by the prosecutor without a court, by means of a punitive order, which imposes a fine or another sanction and which counts as a finding of guilt. Or the suspect can be summoned to appear before the court.
A punitive order deserves particular attention because accepting one by simply paying is a decision with consequences: it is registered in the judicial documentation and can affect a Certificate of Good Conduct. Opposition must be lodged within a short period, in principle fourteen days.
Where a prosecutor decides not to prosecute, a directly interested party can complain to the court of appeal under the Article 12 procedure.
Which court hears the case
Straightforward cases go before a single judge, the police court judge, who can impose a prison sentence of up to one year and gives judgment immediately after the hearing. More serious or complex cases go to a three-judge chamber, which reserves judgment. Minor offences go before the subdistrict court judge.
The hearing
The hearing follows a fixed order: the charge is read, the judge questions the accused, the evidence is discussed, the public prosecutor delivers the sentencing demand, the defence responds, the accused has the last word. Where there is an injured party, they may exercise the right to speak and pursue a compensation claim within the case.
The court then answers four questions in order: is the charge proved, does the proved conduct constitute an offence, is the accused criminally liable, and if so what sentence is appropriate. Acquittal follows a negative answer to the first; a discharge from prosecution follows from the second or third.
After the judgment
Appeal to the court of appeal must be lodged within fourteen days, and the case is then heard afresh in full. Against the judgment of the court of appeal, cassation lies to the Supreme Court, again within fourteen days, on points of law and reasoning only.
Advice
The stages where a case can most be influenced are the earliest ones: the first interview, and the period before the prosecutor decides. Our criminal lawyers act from the police station onwards and appear at every stage. Please contact Law & More.
