What happens after an arrest by the police?
After an arrest you are taken to the police station and brought before a (assistant) public prosecutor ((hulp)officier van justitie). The police can then hold you for questioning, place you in police custody and finally bring you before the examining magistrate (rechter-commissaris).
The police may arrest anyone caught in the act (Article 53 of the Dutch Code of Criminal Procedure (Sv)). Outside that situation, arrest is only allowed if you are suspected of an offence for which pre-trial detention is permitted (Article 54 Sv). Each stage of deprivation of liberty has a statutory maximum duration. If a time limit is exceeded, this can affect the lawfulness of your detention.
How long may the police hold you?
The police may first hold you for questioning (ophouden voor onderzoek) for a maximum of nine hours, with the hours between midnight and 9.00 am not counting. After that, further deprivation of liberty requires an order for police custody or a decision by the court.
| Stage | Maximum duration | Who decides | Statutory provision |
|---|---|---|---|
| Holding for questioning | 9 hours (midnight to 9.00 am does not count) | (assistant) public prosecutor | Article 56a Sv |
| Police custody | 3 days, extendable once by 3 days in case of urgent necessity | (assistant) public prosecutor; extension only by the public prosecutor | Articles 57 and 58 Sv |
| Appearance before the examining magistrate | no later than 3 days and 15 hours after the arrest | examining magistrate | Article 59a Sv |
| Remand in custody (bewaring) | 14 days | examining magistrate | Articles 63 and 64 Sv |
| Detention order (gevangenhouding) | maximum of 90 days | chambers of the district court (raadkamer) | Articles 65 and 66 Sv |
Remand in custody and the detention order together form pre-trial detention, commonly known as remand (voorarrest). Pre-trial detention is in principle only possible for an offence that carries a prison sentence of four years or more (Article 67 Sv). There must also be a ground, such as a risk of flight or a risk of reoffending (Article 67a Sv). Your criminal lawyer can ask for the pre-trial detention to be suspended under conditions (Article 80 Sv).
What rights do you have during the police interview?
If you are a suspect, you do not have to answer questions, and the police must tell you so before the interview (Article 29 Sv). You also have the right to speak with a lawyer before the first interview and to assistance during the interview.
The right to consultation is set out in Article 28c Sv and the right to assistance during the interview in Article 28d Sv. If you have been arrested, the police will call a duty lawyer (piketadvocaat) through the Legal Aid Board (Raad voor Rechtsbijstand), unless you choose a lawyer yourself. Your statements are recorded in an official report (proces-verbaal) and can later serve as evidence. Statements you withdraw often carry less weight than you hope. So first discuss with your criminal lawyer whether remaining silent or making a statement is in your interest.
How do criminal proceedings continue after the police investigation?
After the police investigation, the public prosecutor (officier van justitie) decides whether you will be prosecuted. The Public Prosecution Service can drop the case, issue a penalty order or summon you to a court hearing.
What decisions can the Public Prosecution Service take?
The Public Prosecution Service can decide not to prosecute by dropping the case (sepot) (Article 167 Sv). This happens, for example, where there is insufficient evidence or where prosecution is not in the public interest. A decision to drop the case can also be conditional, for example with a contact ban.
Before that decision, your criminal lawyer can point out weak points in the evidence or your personal circumstances to the Public Prosecution Service. In this way your interests are protected even before there is a court case. A victim who disagrees with a decision to drop the case can file a complaint about the non-prosecution with the court of appeal (Article 12 Sv).
What can you do against a penalty order?
You can lodge an objection against a penalty order with the Public Prosecution Service within 14 days of it being handed to you or sent to you (Article 257e Sv). After an objection, your case will as a rule come before the court.
With a penalty order, the public prosecutor imposes a penalty himself, such as a fine, community service or a driving ban (Article 257a Sv). If you pay or let the time limit expire, you accept the penalty imposed. The penalty order then becomes final, without a court having assessed the facts. A penalty order for a criminal offence is entered in the judicial records, also known as the criminal record (strafblad). This can affect your Certificate of Conduct (Verklaring Omtrent het Gedrag, VOG), your work or travel abroad.
How do you prepare for the summons and the hearing?
A summons is the notice to appear at a hearing before the criminal court. It states which criminal offence you are accused of, when the hearing is and which court will hear the case.
The single-judge criminal court deals with simple cases and can impose a maximum prison sentence of one year (Article 369 Sv). More serious cases go to the full-bench division of the district court, with three judges. Minor offences usually go to the subdistrict court. In certain cases you can file a notice of objection (bezwaarschrift) against the summons within eight days of service (Article 262 Sv).
You and your lawyer have the right to inspect the case documents (Article 30 Sv). Your lawyer examines the case file for procedural errors and weak spots in the evidence. On that basis we decide together with you on the defence and how best to defend your interests. During the investigation you can ask the examining magistrate to hear witnesses or appoint an expert. What you discuss with your lawyer is covered by legal professional privilege (verschoningsrecht) and remains confidential (Article 218 Sv).
When do you appeal or appeal in cassation?
You can appeal against a judgment of the district court to the court of appeal within 14 days (Article 408 Sv). Against a judgment of the court of appeal, an appeal in cassation to the Supreme Court (Hoge Raad) is available within 14 days (Article 432 Sv).
On appeal, the court of appeal hears the case again, both the facts and the sentence imposed. A criminal lawyer first assesses whether the chance of a better outcome outweighs the risk. The court of appeal can also impose a heavier sentence, particularly if the Public Prosecution Service itself appeals. In cassation, the Supreme Court only assesses whether the law has been applied correctly and whether procedural rules have been observed.
| Step | Time limit | With whom | Statutory provision |
|---|---|---|---|
| Objection to a penalty order | 14 days | Public Prosecution Service | Article 257e Sv |
| Appeal against a judgment | 14 days after the final judgment | court of appeal (to be lodged with the court registry) | Article 408 Sv |
| Appeal in cassation | 14 days after the final judgment | Supreme Court | Article 432 Sv |
| Compensation after remand | 3 months after the end of the case | court that heard the case | Article 89 Sv |
What are the consequences of a criminal case for your criminal record and Certificate of Conduct?
A conviction or penalty order for a criminal offence is registered in the judicial records. When you apply for a Certificate of Conduct, Justis (the screening authority) checks whether that registration is relevant to the position you are applying for.
A decision to drop the case or an acquittal can also appear in the judicial records, although it carries less weight for a Certificate of Conduct. That is why a criminal lawyer also tries to limit the consequences for your future throughout the criminal proceedings. Think of a decision to drop the case instead of a penalty order or conviction. If a Certificate of Conduct is refused, you can lodge an objection with Justis within six weeks.
Do you receive compensation after remand?
Does your case end without a penalty or measure, for example through an acquittal or a decision to drop the case? Then you can claim compensation for the time you spent in custody. You must submit the request to the court within three months of the end of the case (Article 89 Sv).
The court awards compensation if this is justified on grounds of fairness. This can involve an amount per day of detention and costs incurred, such as the costs of your lawyer. We submit this request for you and substantiate the loss, such as lost income. Even if you are not prosecuted but have been held in custody, a criminal lawyer can make this request for you.
Which criminal cases does a criminal lawyer handle?
A criminal lawyer handles cases from across the whole area of law, from minor offences to serious crimes. The criminal lawyers at Law & More can defend suspects and assist victims in cases including the following.
- Assault and other violent offences, such as public violence. Simple assault is a criminal offence under Article 300 of the Dutch Criminal Code (Sr). The question of whether you acted in self-defence (noodweer) often arises.
- Fraud and money laundering, such as obtaining by deception (oplichting) (Article 326 Sr) and money laundering (Article 420bis Sr). These cases often revolve around financial documents and business records.
- Drugs offences under the Opium Act (Opiumwet), from possession to trafficking and production.
- Traffic offences, such as driving under the influence (Article 8 of the Road Traffic Act 1994 (Wegenverkeerswet 1994)), speeding and an accident causing injury. Minor violations are dealt with under the Mulder Act (Wet Mulder); for serious violations the police can confiscate your driving licence on the spot.
- Sexual offence cases, in which the evidence often depends on statements by those involved.
- Cybercrime, such as phishing and online fraud.
For a number of topics we have separate pages, such as fraud and money laundering lawyer, drugs case lawyer and traffic offences lawyer.
How does a criminal lawyer assist victims?
As a victim, you can join the criminal case as an injured party (benadeelde partij) and claim compensation (Article 51f Sv). In the case of serious crimes, you also have the right to speak at the hearing (Article 51e Sv).
If the court grants your claim, it can also impose a compensation order (schadevergoedingsmaatregel) on the offender (Article 36f Sr). The Central Judicial Collection Agency (CJIB) then collects the amount on your behalf. In the case of a violent crime, you can also apply for a payment from the Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven). A criminal lawyer helps you substantiate your loss, so that the court does not refer your claim to the civil court. You can read more on our page victim's lawyer.
