Criminal Law Defence in the Netherlands

Stay calm and exercise your right to remain silent: you are not obliged to answer questions. You are entitled to a lawyer, including before and during the police interview. Do not make any statement without first consulting a lawyer. A poorly framed first statement can harm you later. Contact a criminal defence lawyer as soon as possible.

Yes. Every suspect is entitled to the assistance of a lawyer before and during the interview. For serious offences and for arrested suspects, a lawyer is often assigned. It is wise always to use this right, because a lawyer ensures the interview is conducted correctly and advises you on whether or not to make a statement.

Serious offences (misdrijven), such as theft, assault, or fraud, are the more serious criminal acts and can lead to heavier penalties. Minor offences (overtredingen) are lighter acts, such as many traffic matters. The distinction matters for, among other things, the sentence, the competent court, the limitation periods, and the entry on a criminal record extract.

At the hearing, the judge discusses the charges and the file, the suspect and any witnesses are heard, and the public prosecutor delivers a closing speech with a sentencing demand. The defence then has the floor (the plea) and the suspect has the last word. The judge then gives a verdict, sometimes immediately, often after two weeks.

With a conditional sentence, (part of) the penalty is not enforced, provided the convicted person complies with the conditions during a probation period, such as not committing another offence. If the conditions are breached, the penalty can still be enforced. A conditional sentence thus works as a deterrent.

Yes, against a judgment of the district court an appeal can generally be lodged within fourteen days with the court of appeal, which reconsiders the case. Against a judgment of the court of appeal, an appeal in cassation to the Supreme Court is sometimes available, which reviews whether the law was correctly applied. Timely lodging and sound substantiation are crucial.

TBS (terbeschikkingstelling) is a measure the court can impose on suspects with a mental disorder who have committed a serious offence and where there is a risk of reoffending. The person is treated to reduce that risk. TBS is not a punishment but a security and treatment measure, which is periodically reviewed and extended.

Convictions are recorded in the judicial documentation (the 'criminal record'). How long data is kept depends on the seriousness of the offence and the penalty imposed. A criminal record can affect, among other things, a Certificate of Good Conduct (VOG) and thus employment. We advise on the consequences and possibilities in your situation.

A VOG is a statement that there are no objections to a person for a particular purpose, often employment. In the assessment, relevant judicial data are weighed in relation to that purpose. A VOG can be refused if there are appropriate and relevant antecedents. Objection and appeal are available against a refusal, in which we can assist you.

The victim has various rights, such as the right to information, the right to speak at the hearing, and the possibility to claim compensation as an injured party within the criminal proceedings. This often allows the damage suffered to be recovered without separate civil proceedings. We assist both suspects and victims in criminal proceedings.

ZSM is a fast-track method the Public Prosecution Service uses for common offences, often allowing it to decide on a case within hours of the arrest and to impose a penalty itself through a penalty order. Even with this swift handling it is wise to seek legal advice, because accepting a penalty can have consequences you may not foresee.

If your case ends without a conviction, for example through dismissal or acquittal, you can ask the court for compensation for the time spent in custody or pre-trial detention and for your lawyer’s costs. Strict time limits apply, so it is important to act promptly.

A dismissal means the Public Prosecution Service decides not to prosecute. A technical dismissal occurs when there is insufficient evidence, while a policy dismissal is based on other grounds, sometimes subject to conditions. A dismissal can be registered and may affect a future Certificate of Good Conduct application.

A suspect has the right to remain silent and to legal assistance, whereas a witness is in principle obliged to tell the truth. The line can blur: someone questioned as a witness who gradually becomes a suspect gains the associated rights. It is wise to get advice about your position beforehand.

Withdrawing a report does not automatically stop a case. For serious offences the Public Prosecution Service decides independently whether to prosecute, even without the victim’s cooperation. For minor matters, a withdrawn report may weigh in the decision to dismiss.