Reporting a crime is notifying the police or the public prosecution service that a criminal offence has been committed, with a request that action be taken. It is the starting point of almost every investigation, but does not oblige the prosecution service to prosecute.
Legal basis
Articles 161 to 163 of the Dutch Code of Criminal Procedure govern reports. Anyone with knowledge of an offence may report it; for certain serious offences Article 160 imposes a duty to do so. For complaint offences, such as insult and stalking, a formal complaint is required: an express request to prosecute, to be lodged within three months of the person entitled becoming aware of the offence. The prosecution service then decides under the expediency principle of Article 167 whether to prosecute. A decision not to prosecute can be challenged before the court of appeal under Article 12. The new Code of Criminal Procedure was published in 2026 but is not expected to enter into force until 2029; until then the current numbering applies.
How it works in practice
A report gains weight the more concrete it is: dates, amounts, names, and references to documents provided with it. In fraud and deception cases a chronological overview with annexes is often decisive for whether the police take the matter up. If the report is not recorded or nothing follows, the Article 12 procedure is the route to take.
Where it goes wrong
Complainants expect the police to gather the evidence; in commercial disputes a case without supporting material is almost always dropped. A second error is missing the three-month period for complaint offences. Third, a civil dispute is presented as a criminal matter, which leads to a dismissal and does not improve the civil position.
Related terms
A report makes the person concerned a suspect, may end in a dismissal, and allows the victim to join as an injured party.
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