How does Dutch criminal procedure work, from investigation to verdict?

Dutch criminal procedure runs in fixed stages: investigation, the prosecutor’s decision, the trial and, if needed, an appeal. Each stage has its own decision-maker and its own time limits, so knowing where a case stands tells you what can still be done.

The investigation is led by the public prosecutor (officier van justitie) and carried out by the police. After an arrest, a suspect can be held for questioning for a limited number of hours. The prosecutor or an assistant prosecutor can then order police custody (inverzekeringstelling) for up to three days, which can be extended once by three days. Within three days and fifteen hours of the arrest, the suspect must be brought before the examining magistrate (rechter-commissaris), who decides on further detention and supervises the more intrusive investigative powers.

Two rights matter more than any other in this phase: the right to consult a lawyer before the first police interview and to have one present during it, and the right to remain silent. Neither can be exercised afterwards.

The prosecutor then decides how the case proceeds. The case can be dropped, for lack of evidence or on policy grounds. It can be settled by a penalty order (strafbeschikking), a sanction imposed by the prosecutor without a judge, against which you must lodge an objection within fourteen days. Or it can be brought before the court. At the hearing the court examines the file and the evidence, hears the defence and the victim, and then decides step by step whether the charge is proven, whether the conduct is a criminal offence, whether the defendant is punishable and what sentence follows.

An appeal to the court of appeal must be lodged within fourteen days of the judgment and leads to a full rehearing of the case. An appeal in cassation to the Supreme Court (Hoge Raad), which only examines the law and the reasoning, is subject to the same fourteen-day limit. Below we work through each stage, the rights that apply to it and the decisions that have to be taken while they can still make a difference.

What are the stages of a Dutch criminal case?

A Dutch criminal case has three main stages: the investigation, the prosecution decision and the trial with the verdict. After the verdict, appeal and cassation are possible.

The rules are set out in the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv); the offences and penalties are in the Dutch Criminal Code (Wetboek van Strafrecht, Sr). The system is often described as inquisitorial: the judge does not simply referee a contest between prosecution and defence, but actively examines the file and questions the defendant and witnesses. A large part of the evidence is gathered before the trial and recorded in the written case file (dossier). That is why the investigation stage is so important. What you say, or do not say, to the police often ends up in the file on which the court later relies.

How does the investigation start?

An investigation usually starts with a police report (aangifte), a witness statement or an observation by the police. Formally, the public prosecutor directs the investigation, while the police carry out the day-to-day work.

Investigators use a range of tools, such as interviews with witnesses and suspects, forensic examination, the analysis of phones and computers, and requests for information from banks or telecom providers. Many of these powers require an order from the prosecutor, and the most intrusive ones also require the prior authorisation of the examining magistrate. Everything the police do and hear is recorded in official reports (processen-verbaal). These reports form the basis of the case file. You can learn more about criminal investigations and how a case file is built up.

You become a suspect (verdachte) when facts or circumstances give rise to a reasonable suspicion that you committed a criminal offence (Article 27 Sv). From that moment you have the rights of a suspect, even if you have not been arrested.

How long can the police hold you?

After an arrest, the police may hold you for questioning for up to nine hours, or six hours for less serious offences; the hours between midnight and 9 a.m. do not count. After that, police custody of up to three days can be ordered, which can be extended once by up to three days.

Within three days and fifteen hours of the arrest you must be brought before the examining magistrate. The examining magistrate can order remand in custody (bewaring) for up to fourteen days. After that, a panel of the district court (raadkamer) can order continued detention (gevangenhouding) for up to thirty days, which can be extended twice by thirty days. The trial must have started by the end of that period, although the first hearing is often a short procedural hearing (pro-formazitting) at which the court reviews the detention and the progress of the investigation. Pre-trial detention is only allowed for certain offences and when there are specific grounds, such as a risk of flight or of reoffending. Read more about when preventive custody rules apply and how they can affect the rest of the case. A lawyer can ask for the detention to be lifted or suspended at any stage, for example against conditions such as a reporting duty.

What does the prosecutor decide after the investigation?

When the investigation is complete, the prosecutor decides whether and how to prosecute. The options are: dropping the case, settling it out of court, imposing a penalty order or summoning you to appear in court.

The prosecutor assesses whether there is enough evidence, whether there are legal obstacles and whether prosecution is in the public interest. The Netherlands applies the expediency principle (opportuniteitsbeginsel): the prosecutor may decide not to prosecute on grounds of general interest, even if there is enough evidence (Article 167 Sv). A decision not to prosecute is called a sepot. A victim who disagrees with such a decision can complain to the court of appeal under Article 12 Sv.

For many less serious offences the prosecutor can impose a penalty order himself, for example a fine, community service or a driving ban. You do not have to accept this. If you lodge an objection (verzet) within fourteen days, the case goes to court (Article 257e Sv). If you do not object in time, the penalty order becomes final and counts as a conviction on your criminal record. That is why it is worth having a penalty order checked before the deadline passes.

If the prosecutor decides to go to court, you receive a summons (dagvaarding) setting out the charges (tenlastelegging) and the date of the hearing. The charges define what the court may rule on: the court can only convict you of what is stated in the summons. During this pre-trial phase your lawyer studies the file, can ask the prosecutor or the examining magistrate to add documents or to hear witnesses, and prepares the defence. Challenging the lawfulness of how evidence was obtained also starts here.

How does the trial lead to a verdict?

At the trial the court examines the case on the basis of the file and what is said at the hearing. It then follows a fixed order of questions set out in Articles 348 and 350 Sv before it reaches a verdict.

Less complex cases, in which the prosecutor demands a prison sentence of no more than one year, are heard by a single judge, the police judge (politierechter). More serious cases are heard by a panel of three judges (meervoudige kamer). The Netherlands has no jury. The presiding judge questions the defendant and, where they are called, witnesses and experts. The prosecutor and the defence can then ask their own questions. The prosecutor sets out the case and makes a sentencing demand (requisitoir); the defence responds with its plea (pleidooi). The defendant always has the last word.

The court first deals with formal questions: is the summons valid, does the court have jurisdiction, may the prosecutor prosecute, and is there any reason to suspend the case? It then decides whether the charges are proven, whether the proven facts constitute a criminal offence, whether the defendant is punishable and, if so, which penalty or measure is appropriate. In deciding the sentence, the court looks at the seriousness of the offence, the circumstances in which it was committed, the defendant’s personal situation and any previous convictions. The court also considers the sentencing guidelines of the judiciary and the prosecution service, but is not bound by them.

The judgment is usually delivered two weeks after the hearing. The police judge often gives an oral judgment immediately at the end of the hearing.

What rights and duties do you have during the investigation?

As a suspect you have the right to remain silent, the right to a lawyer, the right to information and the right to an interpreter. At the same time, you must tolerate lawful investigative measures, such as a search or a seizure ordered by the competent authority.

These rules apply to individuals and companies alike. A company can itself be a suspect, and its directors can be prosecuted for directing or ordering an offence (Article 51 Sr). The rights of a suspect then apply to the company too, and are exercised by its representative.

Which rights protect you as a suspect?

The most important rights are the right to remain silent and the right to a lawyer before and during the police interview. The police must inform you of these rights before the first interview.

Under Article 29 Sv you are not obliged to answer questions, and the police must tell you so before the interview starts (the caution, or cautie). Remaining silent cannot in itself be used as evidence against you. It can, however, have consequences in practice: if you remain silent about an explanation that you only give later, the court may find that explanation less convincing. Explore the nuances of the right to remain silent before you decide how to use it.

Since 1 March 2017, an arrested suspect has the right to consult a lawyer before the first police interview and to have a lawyer present during the interview (Articles 28c and 28d Sv). For an arrested suspect, the police notify the Legal Aid Board (Raad voor Rechtsbijstand), which assigns a duty lawyer; you can also ask for a lawyer of your own choice. You can only waive the right to a lawyer after having been informed about the consequences.

You also have the right to be told what you are suspected of (Article 27c Sv), the right to an interpreter if you do not speak Dutch well enough (Article 27a Sv) and, as the case progresses, the right to inspect the case file (Article 30 Sv). For expats and international employees these rights are often decisive: without an interpreter and a lawyer, a statement is easily misunderstood and hard to correct later.

What limits apply to searches and seizures?

Investigative powers are only lawful if the law provides for them and the competent authority has given the required order or authorisation. Which authority must decide depends on the measure: some powers belong to police officers, others to the prosecutor, and the most intrusive ones require the involvement of the examining magistrate.

The police may, for example, seize objects when they arrest a suspect caught in the act. A search of a home generally requires the involvement of the prosecutor or the examining magistrate, and a search of the office of a lawyer, doctor or notary is surrounded by extra safeguards to protect professional privilege (verschoningsrecht, Article 218 Sv). Phone taps and similar special investigative powers require authorisation from the examining magistrate.

You must tolerate lawful measures. Resisting a search or destroying evidence can itself be an offence. At the same time you can challenge them. Against a seizure you can file a complaint (klaagschrift) with the court under Article 552a Sv to have the goods returned, for example business records or a laptop that your company needs to continue operating. If the investigation concerns computers, networks or data, the questions about access to your systems can also call for technical and legal knowledge from an IT lawyer alongside the criminal defence. Evidence that was obtained unlawfully can lead to a reduction of sentence, exclusion of the evidence or, in exceptional cases, to the prosecution being declared inadmissible (Article 359a Sv).

What information must you receive about the case?

You have the right to know what you are suspected of and, in principle, to inspect the documents in the case file. The prosecutor may temporarily withhold certain documents in the interest of the investigation, but not indefinitely.

The police must record interviews and investigative actions in official reports. Since 2017 there are also rules on how an interview is recorded, and for serious offences interviews are often recorded on audio or video. The final case file must contain all documents that may reasonably be relevant to the decisions the court has to make. Once the summons has been served, you may inspect all documents in the file (Article 33 Sv), and your lawyer can ask for documents that are missing.

Careful study of the file is the basis of any defence. Statements may contain inconsistencies, reports may leave out relevant facts, and the timing of certain measures may reveal procedural errors. That is why it pays to involve a lawyer early. Seeking prompt legal advice and knowing your procedural rights can make a real difference to how an investigation ends.

How does a court hearing work and how do you defend yourself?

At the hearing the court examines the case in public, with the defendant present or represented by a lawyer. The defence can challenge the evidence, call witnesses and put forward its own explanation.

What happens at the hearing?

The hearing starts with the identity check and the prosecutor reading out a summary of the charges. The presiding judge then discusses the case file with you and asks you questions about the facts and your personal circumstances.

You have the right to be present at your hearing and to speak on your own behalf. You can give your view of the facts, provide context and respond to the evidence. You are not obliged to answer the court’s questions either; the right to remain silent also applies at the hearing. If you do not appear, your lawyer can represent you if you have expressly authorised them to do so. Without such representation the court can hear the case in your absence (verstek).

A victim, or the surviving relatives of a victim, may speak at the hearing (spreekrecht, Article 51e Sv). A victim can also join the proceedings as an injured party (benadeelde partij) to claim damages from the defendant (Article 51f Sv). The court then decides on that claim in the same judgment. Complex or large claims may be declared inadmissible, in which case the victim has to go to the civil court. Claims for personal injury are a specialist field: we do not handle personal injury claims ourselves, and refer that part of a case to a personal injury specialist.

How is evidence presented and challenged?

The court may only find the charges proven if it is convinced of the defendant’s guilt on the basis of lawful means of evidence (Article 338 Sv). The law lists these means: the judge’s own observation, statements by the defendant, witnesses and experts, and written documents (Article 339 Sv).

This is sometimes called a negative statutory system of evidence: the court needs both lawful evidence and its own conviction. In addition, some statutory limits apply. For example, the court cannot find a charge proven on the statement of a single witness alone (Article 342 Sv), and there are restrictions on the use of statements by anonymous witnesses. Within those limits the court weighs the reliability of each piece of evidence and how it fits with the other evidence.

The defence can scrutinise the evidence in several ways. Your lawyer can ask to hear witnesses at the hearing or before the examining magistrate, ask for an independent expert, point out contradictions in statements and challenge how the evidence was obtained. Requests to hear witnesses must be made in time: as a rule, the defence must notify the prosecutor of the witnesses it wants to call no later than ten days before the hearing (Article 263 Sv). A request made later is assessed against a stricter standard.

Why is legal representation so important?

A lawyer knows the procedural rules, the deadlines and the case law that determine how the court will assess your case. A lawyer can also negotiate with the prosecutor about how the case will be dealt with.

You are entitled to be represented by a criminal defence lawyer of your choice at every stage. Depending on your income and the seriousness of the case, the Legal Aid Board may contribute to the costs. A lawyer prepares the defence strategy, identifies procedural errors and makes sure your rights are respected throughout the proceedings.

The right strategy depends on the case. It may mean challenging the legal basis of the charges, arguing that intent was lacking, offering an alternative explanation for the facts, invoking a ground for justification such as self-defence, or setting out mitigating circumstances that should lead to a lower sentence. Sometimes the best result lies in the phase before the trial: a well-reasoned letter to the prosecutor may lead to the case being dropped or settled.

The court also looks beyond the letter of the law. In deciding the sentence it takes into account the defendant’s personal circumstances and the proportionality of the penalty. A report from the probation service (reclassering) can play an important role here.

What verdicts are possible and what can you do afterwards?

The court can acquit you, discharge you from further prosecution or convict you. After a conviction you can appeal, and in exceptional cases a final judgment can still be reviewed.

Which verdicts can the court give?

An acquittal (vrijspraak) follows if the court does not consider the charges proven. A discharge (ontslag van alle rechtsvervolging) follows if the facts are proven but do not constitute an offence, or if the defendant is not punishable, for example because of self-defence.

If the court convicts you, it chooses from the principal penalties in Article 9 Sr: imprisonment, detention (hechtenis), community service (taakstraf) and a fine. The court can also impose additional penalties, such as a driving ban, and measures, such as confiscation of illegally obtained profits or an order to pay compensation to the victim (schadevergoedingsmaatregel). In some cases the court finds the defendant guilty but imposes no penalty (Article 9a Sr), for example because the offence was minor or the circumstances were exceptional.

Fines are frequently imposed for less serious offences. When setting the amount, the court must take into account the defendant’s ability to pay (Article 24 Sr). Community service is another common outcome. It consists of unpaid work for a maximum of 240 hours and is carried out under the supervision of the probation service. If you do not carry it out properly, replacement detention can follow.

How does the court decide on the sentence?

Prison sentences are reserved for more serious offences. When choosing the penalty, the court considers the nature and seriousness of the offence, your criminal record, your personal circumstances and the risk of reoffending.

The same offence can therefore lead to different sentences for different people. The sentencing guidelines of the prosecution service and the judiciary’s reference points provide a starting point, but the court tailors the sentence to the case. A probation report may recommend special conditions, such as treatment, a ban on contact or a ban on visiting certain places.

The court can suspend all or part of a sentence (voorwaardelijke straf, Article 14a Sr). A suspended sentence is not enforced, provided you do not commit a new offence during the probation period and comply with any special conditions. If you violate them, the court can order the suspended sentence to be enforced. Suspended sentences are often combined with community service or a partly unconditional prison sentence.

Keep in mind that a conviction is recorded in the judicial documentation system. This can have consequences beyond the sentence itself, for example when you apply for a certificate of good conduct (verklaring omtrent het gedrag, VOG) for a new job or for certain licences.

What can you do if you disagree with the verdict?

You can appeal to the court of appeal within fourteen days of the judgment (Article 408 Sv). The prosecutor can also appeal, which means an appeal can lead to a higher or lower sentence.

On appeal, the court of appeal examines the case afresh, both the facts and the law. You can bring new evidence and ask for witnesses to be heard. For certain minor offences where only a small fine was imposed, you need leave to appeal. After the appeal, an appeal in cassation to the Supreme Court is possible, again within fourteen days (Article 432 Sv). The Supreme Court does not examine the facts again, but only checks whether the law was correctly applied and whether the judgment is sufficiently reasoned.

Once a judgment is final, there are only limited options left. If new facts come to light that the court did not know about and that could have led to an acquittal or a different outcome, you can ask the Supreme Court for a review (herziening, Article 457 Sv). You can also ask the King for a pardon (gratie) under the Pardons Act (Gratiewet). A pardon is only granted in exceptional circumstances.

In summary

• A Dutch criminal case moves through investigation, the prosecutor’s decision, the trial and, if needed, appeal and cassation.
• After an arrest, strict time limits apply: police custody of up to three days (once extendable), and an appearance before the examining magistrate within three days and fifteen hours.
• Use your right to a lawyer before the first police interview; the right to remain silent applies throughout the case.
• A penalty order becomes final unless you object within fourteen days; appeal and cassation must also be lodged within fourteen days.
• The court may only convict on the basis of lawful evidence and its own conviction, and tailors the sentence to the offence and the person.

Frequently asked questions

How can Law & More help with your criminal case?

Every stage of a criminal case, from the first police interview to the appeal, has its own deadlines and choices, and a decision taken early often determines the outcome. Whether you are dealing with preventive custody, a penalty order, a summons or a judgment you want to challenge, it helps to have a lawyer at your side who knows Dutch criminal procedure. Law & More assists individuals, expats and companies in criminal cases, from advice during the investigation to the defence at the hearing and on appeal. We explain your position in plain language and act quickly when time limits are short.

Contact Law & More for a confidential consultation. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.