Dutch criminal justice system: courts, procedure and your rights

In the Dutch criminal justice system, the police investigate, the Public Prosecution Service (Openbaar Ministerie, OM) decides whether to prosecute, and professional judges decide on guilt and punishment. There is no jury and no plea bargaining, and the prosecutor can settle many less serious cases without a court by issuing a penalty order (strafbeschikking).

The rules are set out in two codes: the Criminal Code (Wetboek van Strafrecht, Sr), which defines offences and maximum penalties, and the Code of Criminal Procedure (Wetboek van Strafvordering, Sv), which governs investigation, prosecution and trial.

Who does what in a Dutch criminal case?

Three institutions carry a case: the police, the OM and the courts. The prosecutor leads the investigation and decides on prosecution; the judge is independent of both.

The national police (Politie) investigate offences under the authority of the prosecutor. Specialised teams deal with cybercrime. Other investigative services, such as the Fiscal Intelligence and Investigation Service (FIOD), handle fraud and tax offences.

The OM has the exclusive power to prosecute. A prosecutor (officier van justitie) decides whether a case goes to court, whether it is settled out of court or whether it is dropped, for example because prosecution is not in the public interest. The OM falls under the responsibility of the Minister of Justice and Security, but decisions in individual cases are taken by the prosecutors.

Judges are appointed until the statutory retirement age of 70 and cannot be dismissed for their decisions. They can exclude unlawfully obtained evidence, reduce a sentence or, in exceptional cases, bar the prosecution.

How is Dutch criminal law structured?

The Criminal Code distinguishes between serious offences (misdrijven) and minor offences (overtredingen). Which category an offence belongs to is determined by the law itself, not by the level of the penalty: serious offences are listed in Book 2 of the Criminal Code and minor offences in Book 3, with many more in special laws such as the Road Traffic Act 1994 and the Opium Act.

The distinction matters in practice. An attempt to commit a minor offence is not punishable, a conviction for a serious offence weighs more heavily on your criminal record, and pre-trial detention is only possible for serious offences, generally those carrying a maximum of four years’ imprisonment or more.

The Netherlands is a civil law country: the written codes, not earlier court decisions, are the primary source of criminal law. More on this in our article on how Dutch law works.

The Code of Criminal Procedure limits what the police and prosecutor may do. Invasive measures, such as a phone tap or a search of a home, require authorisation from an examining magistrate (rechter-commissaris), with limited exceptions in urgent situations. You can read both codes on wetten.overheid.nl.

What happens if you are arrested?

If the police arrest you, they must tell you what you are suspected of and that you have the right to remain silent. You then have the right to consult a lawyer before your first police interview, and to have a lawyer present during it.

The police may hold you for questioning for up to nine hours; the hours between midnight and nine in the morning do not count (Article 56a Sv). After that, a prosecutor or assistant prosecutor can order police custody (inverzekeringstelling) for up to three days, which can be extended once by another three days in exceptional cases (Article 58 Sv).

Before police custody ends, you must be brought before the examining magistrate (Article 59a Sv), who decides whether the detention is lawful and whether you must remain in custody. If you are held in custody, a lawyer is assigned to you at the state’s expense.

You do not have to answer questions, and you cannot be convicted for remaining silent. In some cases, however, a court may take your silence into account if the evidence against you clearly calls for an explanation that you do not give. Discuss with your lawyer before the interview whether to speak.

Not every case starts with an arrest. Often you receive an invitation for a police interview (uitnodiging voor verhoor). You can then arrange a lawyer yourself before you go. Read more about what to do if you are suspected of a criminal offence.

How does the prosecutor decide on your case?

When the investigation is complete, the prosecutor has three options: drop the case, deal with it out of court, or bring charges before the court. The OM has discretion to drop a case in the public interest (the opportunity principle).

A decision not to prosecute (sepot) can be conditional, for example on the condition that you pay compensation to the victim. The OM can also reopen a case that was dropped for policy reasons if new facts emerge.

For many less serious offences, the prosecutor can impose a penalty order (strafbeschikking) without involving a judge. This can be a fine, community service of up to 180 hours, a driving ban of up to six months or an instruction, such as paying compensation. Imprisonment cannot be imposed by penalty order.

A penalty order is not a conviction by a judge, but it does end up on your criminal record for serious offences. You can lodge an objection (verzet) within 14 days (Article 257e Sv). The case is then heard by the court as if you had been summoned. If you do nothing, the order becomes final.

If the prosecutor brings charges, you receive a writ of summons (dagvaarding) setting out the facts of which you are accused and the date of the hearing. There must be at least ten days between the service of the summons and the hearing (Article 265 Sv). Through your lawyer, you can inspect the case file, including witness statements and forensic reports, and ask for further investigation.

Which courts deal with criminal cases?

Criminal cases are heard at three levels: one of the eleven district courts (rechtbanken), one of the four courts of appeal (gerechtshoven) and the Supreme Court (Hoge Raad). All judges are professionals; there are no juries or lay judges.

District courts

Every case starts at the district court. Minor offences are usually heard by the subdistrict court judge (kantonrechter). Simpler cases of serious offences go to a single police court judge (politierechter), who can impose a prison sentence of at most one year.

More complex or serious cases are heard by a panel of three judges (meervoudige kamer). The judges play an active role: the presiding judge questions you, the witnesses and any experts, based largely on the written case file. Your lawyer can ask questions, raise defences and ask the court to hear witnesses. Read more about the hearing and preliminary hearings.

The court normally gives its judgment either orally at the end of the hearing or in writing within fourteen days (Article 345 Sv). Simple cases handled by the police court judge are usually decided on the spot.

Courts of appeal

Both you and the prosecutor can appeal against a judgment of the district court within 14 days (Article 408 Sv). The court of appeal examines the case again, both the facts and the law, and can impose a higher or lower sentence.

The court of appeal focuses on the points you contest, so set out your objections in a written statement of grounds. For minor cases in which a fine of no more than 500 euros was imposed, the appeal is only heard if the court of appeal grants leave (Article 410a Sv).

Supreme Court

Against a judgment of the court of appeal, you can lodge an appeal in cassation (cassatie) with the Supreme Court within 14 days. The Supreme Court does not review the facts, but only whether the law has been correctly applied and whether essential procedural rules have been observed.

In cassation, you must be represented by a lawyer who submits written grounds. If the Supreme Court quashes the judgment, it usually refers the case back to a court of appeal for a new hearing, although it sometimes settles the case itself. More in our article on appeals to the Supreme Court.

Fast-track proceedings

In some cases, particularly public order offences, violence against emergency workers and shoplifting caught in the act, the OM uses fast-track justice (snelrecht). The hearing then takes place within days or a few weeks of the offence, and the police court judge often gives an immediate sentence.

Criminal cases must be decided within a reasonable time; if that period is exceeded, the usual consequence is a reduction of the sentence.

Which penalties apply to common offences?

The Criminal Code sets a maximum penalty for each offence; there are no statutory minimum sentences for adults. Within that maximum, the judge decides based on the seriousness of the offence, your personal circumstances and any previous convictions.

The heaviest penalty is life imprisonment, for example for murder (Article 289 Sr). The death penalty cannot be imposed in the Netherlands (Article 114 of the Dutch Constitution).

The main penalties are imprisonment, community service (taakstraf) and a fine. Fines are linked to six categories that are indexed every two years. A sentence can be wholly or partly suspended, with conditions such as supervision by the probation service. The court can also impose measures, such as a compensation order in favour of the victim or the confiscation of criminal proceeds.

Theft and damage

Simple theft (Article 310 Sr) carries a maximum of four years’ imprisonment or a fine of the fourth category. Theft with aggravating circumstances, such as breaking in, acting together with others or at night in a home, carries up to six years (Article 311 Sr), and theft with violence more.

Deliberately damaging someone else’s property (Article 350 Sr) carries up to two years’ imprisonment or a fine of the fourth category. First offenders in minor cases usually receive a fine or community service, often through a penalty order.

If you are convicted of a similar serious offence within five years of an earlier final conviction, the maximum prison sentence can be increased by one third (Article 43a Sr).

Fraud and financial crime

Fraud (oplichting) under Article 326 Sr carries a maximum of four years’ imprisonment. Embezzlement (verduistering) carries up to three years, or four years if committed in the course of employment (Articles 321 and 322 Sr).

Deliberately filing an incorrect tax return, resulting in too little tax being levied, can lead to up to six years’ imprisonment under Article 69 of the General Tax Act (AWR), and a fine up to the amount of the evaded tax if that is higher than the statutory fine. Companies themselves can also be prosecuted, together with the persons who ordered or actually directed the conduct (Article 51 Sr).

What rights do you have as a suspect?

As a suspect, you are presumed innocent until the court finds the offence proven. The prosecutor must prove the charge with lawfully obtained evidence, and the judge may only convict if he or she is convinced of your guilt on the basis of the statutory means of evidence.

You have the right to remain silent, the right to a lawyer, the right to inspect the case file and the right to be informed of the charge in a language you understand. A conviction may not be based solely on the statement of a single witness (Article 342 Sv). Your lawyer can challenge unlawful searches or seizures and ask the court to exclude evidence or reduce the sentence.

If you have a limited income, you can receive state-funded legal aid for a lawyer. In certain situations, such as when you are held in custody, a lawyer is appointed to you automatically, at the state’s expense.

What rights do victims have?

Victims have the right to be informed about the progress of the case, to inspect relevant documents and to speak at the hearing (spreekrecht) in cases of more serious offences.

As a victim, you can join the criminal proceedings as an injured party (benadeelde partij) and claim compensation for material and immaterial damage, without starting separate civil proceedings. The court can impose a compensation order on the offender. If the offender has not paid within eight months, the state advances the amount in many cases, up to a statutory limit, and recovers it from the offender.

Victims of violent crimes can also apply to the Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven). Victim Support Netherlands (Slachtofferhulp Nederland) offers free practical and emotional support.

What happens if the suspect is a minor?

Children under 12 cannot be prosecuted. Suspects aged 12 to 17 are tried under juvenile criminal law (jeugdstrafrecht), with a focus on education and guidance.

Youth detention (jeugddetentie) is limited to one year for suspects aged 12 to 15 and two years for those aged 16 or 17 (Article 77i Sr). For minor offences, a young person can be referred to a Halt programme instead of being prosecuted (Article 77e Sr).

The court can apply adult criminal law to a 16 or 17-year-old if the seriousness of the offence, the suspect’s personality or the circumstances call for it (Article 77b Sr). The reverse is also possible: for young adults aged 18 to 22 at the time of the offence, the court can apply juvenile criminal law (Article 77c Sr). This is known as adolescent criminal law (adolescentenstrafrecht). See Rijksoverheid on penalties for young people.

What should you know as a foreign national?

The same rules apply to you as to a Dutch national, but some rights and risks are specific to foreigners. The most important are free interpretation, consular assistance and the possible consequences for your residence permit.

Interpretation and translation

If you do not speak or understand Dutch well enough, you are entitled to a free interpreter during police interviews, when consulting your lawyer during custody and at the court hearing. You are also entitled to a written translation of essential documents, such as the decision on pre-trial detention, the summons and the judgment, or at least of the relevant parts.

If the interpretation is inaccurate, tell your lawyer straight away; your lawyer can ask for the interview or hearing to be repeated or adjourned.

Consular assistance

If you are arrested, you can ask the police to inform your embassy or consulate. For nationals of some countries, notification is mandatory under a bilateral treaty. Consular officials can visit you and help you contact your family, but cannot interfere in the case.

Consequences for your residence permit

A conviction can affect your residence permit, your application for an extension or permanent residence, and your naturalisation. The Immigration and Naturalisation Service (IND) applies a sliding scale: the longer you have lived in the Netherlands lawfully, the heavier the sentence must be before your permit is withdrawn.

Even a penalty order or a relatively short sentence can therefore have immigration consequences, particularly if you have lived in the Netherlands for only a few years. EU citizens have stronger protection: their right of residence can only be ended if they pose a genuine, present and sufficiently serious threat to public order.

There is no plea bargaining in the Netherlands, but your lawyer can point out the immigration consequences to the prosecutor and the court, which may take them into account when choosing the type and length of the sentence. Involve both a criminal lawyer and an immigration lawyer at an early stage. If you are a suspect in more than one country, see our page on cross-border criminal defence.

How the Dutch system differs from what you may know

There is no jury and no cross-examination in the Anglo-American sense. The judge has already studied the written file and leads the questioning,.

Because the written file carries so much weight, what you say in your first police interview matters a great deal. That is why it is wise to speak to a lawyer before that interview. More on the overall course of a criminal case in the Netherlands.

Further information on the prosecution service is available on om.nl.

What should you check as a suspect?

• Whether you have spoken to a lawyer before your first police interview.
• Whether you received a penalty order: object within 14 days (Article 257e Sv) if you disagree.
• Whether the summons was served at least ten days before the hearing (Article 265 Sv).
• Whether the case file shows unlawful searches or seizures that your lawyer can challenge.
• As a foreign national: the effect of a conviction or penalty order on your residence permit with the IND.

What should you check as a victim?

• Whether you have filed a police report (aangifte) and asked to be kept informed.
• Whether you have joined the case as an injured party to claim compensation.
• Whether the offence gives you the right to speak at the hearing.
• Whether a compensation order unpaid after eight months qualifies for an advance from the state.
• Whether an Article 12 Sv complaint is possible if the OM decides not to prosecute.

What can we do for you in a criminal case?

Our criminal lawyers assist suspects, victims and companies, in English and Dutch.

• We advise you before and during your police interview.
• We review the case file and the lawfulness of the investigation.
• We file an objection to a penalty order within the 14-day period.
• We defend you before the police court judge, the full court and the court of appeal.
• We submit your claim as an injured party, or file an Article 12 complaint with the court of appeal.

Summary

• The police investigate, the OM decides on prosecution and professional judges decide the case; there is no jury and no plea bargaining.
• After arrest, you can be held for questioning for up to nine hours and in police custody for up to three days, after which an examining magistrate reviews your detention.
• The OM can settle many less serious cases with a penalty order; you can object within 14 days.
• You can appeal a district court judgment and lodge an appeal in cassation, each within 14 days.
• As a foreign national, you are entitled to a free interpreter, and a conviction can affect your residence permit.

Frequently asked questions