Pre-trial detention (voorlopige hechtenis)

Pre-trial detention is deprivation of liberty ordered by a court before the case has been tried. It consists of remand ordered by the examining magistrate and, after that, detention ordered by the chambers of the district court. It is permitted only for defined categories of offence and only on grounds listed in the Code.

Statutory basis

Article 67 of the Code of Criminal Procedure sets out the offences for which pre-trial detention is possible, in principle those carrying four years’ imprisonment or more, plus a list of specific offences. Article 67a lists the grounds: risk of absconding, and the serious public safety grounds of risk of repetition, risk of interference with the investigation, and the shock to the legal order in the case of very serious offences. Remand lasts fourteen days; detention thereafter is ordered for up to ninety days.

How it works in practice

The ninety-day period is reviewed at hearings, and the case must be brought before the trial court before it expires. Suspension of detention under article 80 is often the realistic objective: the court releases the suspect subject to conditions such as reporting, an address requirement, electronic monitoring, a contact ban or treatment. A well-prepared suspension request, with an accepted address, a job or a treatment place already arranged, has a materially better chance than a bare request.

Where it goes wrong

Suspects and their families concentrate on the merits of the accusation, whereas the hearings on detention are about the statutory grounds and the alternatives to custody. Practical arrangements matter more than the strength of the defence at this stage. A second point is the effect on everyday life: employment, tenancy, benefits and business obligations continue while the suspect is inside, and dealing with them early prevents a second set of problems on release.