Dutch criminal hearing: the summons and what happens in court

A Dutch criminal case reaches the court through a summons (dagvaarding) from the public prosecutor, served at least ten days before a hearing at the district court (Article 265 of the Code of Criminal Procedure, Sv). At the hearing the presiding judge, not the lawyers, does most of the questioning; there is no jury and no cross-examination in the common-law sense. You are usually not obliged to attend, but if you stay away the court can decide without you.

This guide explains what the summons contains, how the hearing runs, what happens if you do not appear, and the fourteen-day deadline for an appeal (Article 408 Sv).

What is a summons and how does it reach you?

The summons starts the case before the court and fixes the date and the charge (Article 258 Sv). It is served (betekend) on you in person where possible, otherwise at your address in the Personal Records Database (BRP) or an address you gave the police.

The summons states your personal details, the court and type of judge, the date, time and place, the charge (tenlastelegging, Article 261 Sv), your rights, and any witnesses or experts called. If you have left the Netherlands but remain registered here, service at your old Dutch address can still be valid even if you never saw it. Keep your registered address up to date.

How much time do you get before the hearing?

At least ten days between service and a hearing at the district court (Article 265(1) Sv). If the summons arrives later and you do not appear, the case is normally adjourned and a new summons issued; you can also waive the period if you prefer a quick hearing.

Why does the wording of the charge matter?

The court may only decide on what is in the charge. It cannot convict you of conduct that was not charged, however clearly it appears from the file.

Dutch charges often contain a primary allegation and alternatives linked by words such as althans (“or at least”), so the court can convict on a lesser variant. The prosecutor may ask to amend the charge during the hearing (Articles 313 and 314 Sv), but not so that it becomes a different offence.

What if the charge or summons is defective?

Before the merits, the court answers four formal questions (Article 348 Sv): is the summons valid, is the court competent, is the prosecution admissible, and should it be suspended? Under Article 349 Sv the court declares the summons void if it is defective.

• A charge that does not make clear what you are said to have done can make the summons void in whole or in part; a new summons may follow.
• A defect in service, date or place is usually cured by adjournment and new service.
• A misspelled name or minor slip is normally corrected and the case proceeds.

How do you get access to the file and ask for more investigation?

You are entitled to see the case file (Article 30 Sv) and to receive copies (Article 32 Sv). Your lawyer requests it from the prosecutor’s office; access can be restricted during the investigation, but only temporarily.

You may ask for witnesses and experts to be summoned (Article 263 Sv); if the prosecutor refuses, you can renew the request with the court (Article 264 Sv) or at the hearing (Article 328 Sv). The court can order further investigation or refer the matter to the investigating judge (Articles 315 and 316 Sv). An early, written and reasoned request has the best chance.

Which judge hears your case?

That depends on the seriousness of the case. The summons tells you which judge will sit.

• Police judge (politierechter): a single judge for simple cases where the prosecutor demands no more than one year’s imprisonment (Article 368 Sv); he cannot impose more than one year (Article 369 Sv) and refers heavier cases to the full bench. Judgment is usually oral, at the end of the hearing.
• Full bench (meervoudige kamer): three judges for more serious or complex cases. Judgment is usually written, at the latest fourteen days after the hearing closes (Article 345(3) Sv).
• Subdistrict court (kantonrechter): a single judge for minor offences (overtredingen), including many traffic cases.
• Juvenile judge (kinderrechter): for suspects aged twelve to eighteen.

Also present are the public prosecutor (officier van justitie), who has a duty of objectivity, the clerk (griffier) who keeps the record, your lawyer and, where needed, an interpreter. Hearings are in principle public (Article 269 Sv).

How does the hearing run?

The presiding judge leads the hearing and does most of the questioning. The tone is investigative rather than combative, you are not put under oath, and most hearings are shorter than newcomers expect.

Should you answer the judge’s questions?

You have the right to remain silent, and the judge tells you so at the start (Article 273 Sv). Silence cannot be used as proof of guilt, but the hearing is your one chance to explain yourself to the judge who sets the sentence. Agree with your lawyer beforehand which questions you will answer.

What can the victim claim in the criminal case?

A person who suffered direct damage from the offence can join the case as injured party (benadeelde partij) and claim compensation (Article 51f Sv). Victims of offences carrying eight years’ imprisonment or more, and of certain listed offences, also have a right to speak (Article 51e Sv).

The court decides on the claim in the judgment (Article 361 Sv): it can award it, reject it, or declare it inadmissible if it would place a disproportionate burden on the criminal case, leaving the victim to the civil courts. When awarding a claim the court often adds a compensation order (schadevergoedingsmaatregel, Article 36f of the Criminal Code, Sr), under which the State collects the money for the victim.

What happens if you do not attend?

If you do not appear and the summons was validly served, the court can decide in your absence (verstek, Article 280 Sv). It can also adjourn and order a new summons (Article 278 Sv), especially where you may not have known about the hearing.

A middle course is to let a lawyer defend you who declares that he is expressly authorised to do so (Article 279 Sv). The case then counts as defended, not as a default case. For people who have left the Netherlands, this is often the sensible route. A judgment given in your absence is served on you afterwards (Article 366 Sv); an unpaid fine or sentence can surface years later at a border.

What does the judgment decide?

After the formal questions of Article 348 Sv, the court answers the substantive questions of Article 350 Sv: is the conduct proved, is it an offence, is the accused liable, and which penalty or measure follows. The judgment must state the evidence and the reasons (Articles 358 and 359 Sv) and is pronounced in public.

The main penalties are imprisonment, detention, a community service order and a fine (Article 9 Sr), each possibly suspended with conditions (Article 14a Sr). The court can also impose measures, such as a compensation order or a confiscation of criminal proceeds, or find the offence proved without imposing a penalty (Article 9a Sr). Judges use national sentencing guidelines of the judiciary as guidance. For non-Dutch nationals a conviction can affect residence rights and a certificate of conduct (VOG); raise this at the hearing.

How and when do you appeal?

Within fourteen days after the judgment (Article 408(1) Sv), by a declaration at the registry of the court that gave judgment; your lawyer can do this for you. If you were not summoned in person and did not appear, the fourteen days run from the moment it is clear that you knew of the judgment.

An appeal leads to a complete rehearing at the court of appeal, not a review. An appeal in cassation on points of law lies to the Supreme Court (Hoge Raad). The deadline is strictly applied.

What are pro forma and case management hearings?

Not every hearing decides the case. If you are in pre-trial detention, a pro forma hearing reviews the detention and adjourns while the investigation continues; in larger cases a case management hearing (regiezitting) settles which witnesses will be heard and the timetable.

Cases are also adjourned when the file is incomplete, a witness does not appear, no interpreter is available or service was defective (Article 282 Sv). Adjournments are common and not a bad sign in themselves.

Will there be an interpreter?

Yes. If you do not speak sufficient Dutch, the hearing does not continue without an interpreter (Article 275 Sv), and in practice you do not pay for this. Under Article 32a Sv you can ask in writing for a translation of the documents you need for your defence, such as the summons and the judgment.

Tell your lawyer or the court registry early which language and variety you need; a hearing can be adjourned if no suitable interpreter is available.

What is changing with the new Code of Criminal Procedure?

The new Code of Criminal Procedure has been adopted; entry into force is planned for 2029. Until then the current Sv applies to every case, and the article numbers in this guide remain valid. Much of the structure described here will remain, but the numbering will change.

What should you check as the accused?

• Check the hearing date and whether the ten-day period of Article 265 Sv was respected.
• Read the charge with your lawyer: what exactly is alleged, and which alternatives?
• Request the case file and any witnesses in writing, well before the hearing.
• Collect documents on your personal circumstances: payslips, contract, proof of payments to a victim.
• If you cannot attend, authorise a lawyer expressly under Article 279 Sv.
• Note the fourteen-day appeal deadline the day the judgment is given.

What should you check as the injured party?

• Submit your compensation claim with evidence of the damage before the hearing.
• Check whether the offence gives you a right to speak under Article 51e Sv.
• Ask for a compensation order so the State collects the amount for you.
• Keep the claim simple; a complex claim risks being referred to the civil courts.

What can we do for you with a Dutch criminal summons and hearing?

Our criminal lawyers defend Dutch and international clients before the police judge, the full bench and the court of appeal.

• We check the summons and the charge for formal defects.
• We request the case file, witnesses and further investigation in time.
• We prepare you for the questioning and the last word.
• We appear on your behalf under Article 279 Sv if you cannot attend.
• We respond to the injured party’s claim and lodge an appeal within fourteen days.

Summary

• A summons must be served at least ten days before a district court hearing (Article 265 Sv).
• The court may only decide on the conduct described in the charge.
• The judge leads the questioning; you may remain silent and always get the last word.
• If you do not attend, the court can decide without you; an authorised lawyer can defend you.
• Appeal within fourteen days (Article 408 Sv); the appeal is a full rehearing.

Frequently asked questions