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. At each stage a decision is taken that determines whether the case goes further. The earliest stages are usually where you can still influence the outcome most. 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.
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. This matters, because what you say at this stage ends up in the case file. Everything that happens later, including the decision to prosecute and the court hearing, is built on that file.
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 with the order, you must lodge an objection (verzet) within a short period, in principle fourteen days. 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.
Where there is an injured party, that person may exercise the right to speak at the hearing. The injured party can also join the criminal proceedings and claim compensation for damage within the criminal case, so that no separate civil case is needed.
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:
- Has the charge been proved?
- Does the proved conduct constitute a criminal offence?
- Is the accused criminally liable?
- 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.
When is the best time to involve a lawyer?
As early as possible. The first interview and the period before the prosecutor decides are the stages where a case can most be influenced. Statements made at the police station and the choice between accepting a punitive order or objecting to it can shape the rest of the case. Our criminal lawyers can assist from the police station onwards and at every later stage.
In 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 Certificate of Good Conduct; an objection must in principle be lodged within fourteen days.
- 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
Does paying a punitive order mean I admit guilt?
A punitive order counts as a finding of guilt. Paying it means you accept it, and it is registered in the judicial documentation. If you disagree, lodge an objection in time instead of paying.
How long does the court take to give judgment?
The police court judge and the subdistrict court judge usually decide immediately after the hearing. The three-judge chamber usually gives a written judgment within fourteen days.
What is the difference between acquittal and discharge from prosecution?
Acquittal means the charge has not been proved. Discharge means the facts were proved, but they do not constitute a criminal offence or you cannot be held criminally liable for them.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our criminal lawyer page.
