Criminal Law | Overview

The police can arrest someone who is suspected of committing a criminal offence and question him. In the Netherlands, a suspect can be held without charge for questioning as part of an investigation for up to six (6) hours. If someone is arrested for the purpose of establishing his or…

Once the investigation has been concluded, the public prosecutor may decide to prosecute a suspect. In this case, the suspect will be issued with a notice of summons and accusation, detailing the precise charges against him as well as his rights. It also states when and where the district court…

At the hearing, the court either acquits or convicts the defendant, or discharges him from prosecution on a point of law. When someone is convicted, a sentence, such as a fine, an alternative sanction, or a term of imprisonment, or a non-punitive order will be imposed. Furthermore, the person then…

Someone who has been convicted and wishes to challenge the court’s judgment can lodge an appeal if the law permits. If an appeal is possible, the person who has been convicted (or his attorney) must lodge an appeal with the court registrar within 14 days. The appeals procedure is free…

On appeal, a different (higher) court reviews the case. This court may convict or acquit the person previously convicted, or discharge him from prosecution on a point of law. Someone who has been convicted can only lodge an appeal once. After that the option remains of lodging an appeal in…

Victims or witnesses of a crime also find themselves having to deal with the criminal justice authorities. For instance, they may need to lodge a criminal complaint, or to make a statement.…

If perpetrators are to be brought to justice, it is important for the victims to go to the police as soon as possible to lodge a criminal complaint. They can do so at the police station, or in the case of minor offences by telephone or online. Once a suspect…

The Dutch administrative body is working to strengthen the rights of victims in criminal proceedings. One way of doing so is to give victims the right to information, both about the proceedings and about the scope for claiming damages. In addition, victims and surviving relatives have the right to be…

In some cases, the police will ask someone who has witnessed a criminal offence to make a statement. You can present yourself as a witness and give as many details as possible. Ask the police officer for his name, so that you can phone him if you suddenly remember something…

In the Netherlands, the Public Prosecution Service has the authority to impose penalties for a number of common criminal offences. The Public Prosecution Service may not impose custodial (i.e. prison) sentences. Municipal authorities and special enforcement officers also have the authority to impose penalties of this kind. They can issue…