Article 495 Code of Criminal Procedure (juvenile court)

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Article 495 of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) provides that a criminal case against a minor suspect is heard at first instance by the juvenile judge (kinderrechter) of the district court. In serious, complex or linked cases, a three-judge panel (meervoudige kamer) hears the case instead, with the juvenile judge as one of its members.

When does a three-judge panel hear the case?

Under the second paragraph, the panel hears the case if, in the prosecutor’s initial view:

  • a placement in a youth institution (PIJ order) or a principal sentence heavier than six months’ deprivation of liberty should be imposed;
  • the case is so complex that a panel is preferable; or
  • the case cannot be separated from that of a co-suspect aged 18 or older.

The prosecutor makes this choice when issuing the summons (dagvaarding).

Can the juvenile judge also hear offences committed after age 18?

Yes. Under the fourth paragraph, the juvenile judge may hear an offence committed as an adult if it is prosecuted together with an offence committed as a minor. The court may then apply juvenile sanctions (Articles 77g to 77gg Criminal Code) if the offender’s personality or the circumstances give reason.

Which other rules apply in juvenile cases?

  • The young person must appear at the hearing in person (Article 495a Sv).
  • Hearings are, in principle, not public (Article 495b Sv).
  • Children under 12 cannot be prosecuted (Article 486 Sv).

Frequently asked questions

Does a minor accused of minor vandalism go to a panel?

Normally not. If no heavy sentence is expected and the case is simple, the juvenile judge sits alone.

What if a 17-year-old acted with a 19-year-old?

If the cases cannot be separated, the three-judge panel hears them.

Related terms

For help with a juvenile criminal case, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.