After an acquittal or a dismissal (the Public Prosecution Service drops the case), you may, subject to conditions, claim compensation for certain costs and losses arising from the criminal case. Think of damage caused by police custody (inverzekeringstelling) or pre-trial detention, reasonable lawyer’s fees and certain travel costs or loss of income. Compensation is not paid out automatically: you must submit a substantiated request and the court assesses the statutory conditions and fairness.
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For the usual requests under Articles 530 and 533 of the Dutch Code of Criminal Procedure (Sv), a time limit of three months after the end of the case applies. Have the start of that time limit checked immediately. The moment you are released or hear a judgment is not always the moment at which the criminal case legally ended.
Which schemes exist
The Dutch Code of Criminal Procedure contains several legal bases. Article 533 covers, among other things, damage caused by police custody and pre-trial detention. Article 530 covers, subject to conditions, travel and accommodation costs, actual loss due to time lost and the costs of defence counsel.
These schemes do not have exactly the same conditions. For Article 530, for example, it matters that the case ends without a penalty or measure and without application of Article 9a of the Dutch Criminal Code (Sr), except for the specific additional option the law provides for certain lawyer’s fees. Article 533 has its own wording and may also be relevant where a penalty is imposed for an offence for which pre-trial detention is not permitted.
Article 534 provides that compensation is awarded to the extent that the court, taking all circumstances into account, considers there to be grounds of fairness. It must therefore be assessed for each item of loss whether the correct scheme is being used and whether an award is justified.
Acquittal and dismissal are different outcomes
In an acquittal, the court has found that the offence charged was not lawfully and convincingly proven. In a dismissal, the Public Prosecution Service decides not to prosecute, or not to prosecute further. Both situations may justify looking into a compensation request, but the exact decision and the scope of the case matter.
An acquittal on one charge does not automatically mean that the whole case ended without a penalty or measure. If a penalty was imposed for another offence, it must be examined what counts as the same case for the applicable scheme and whether a special statutory option exists.
A conditional dismissal also requires attention. The wording and the moment at which the case ends may affect whether and when a request can be made. Send the full decision to your lawyer, therefore, not just a message saying that the police consider the case closed.
When does the three-month time limit start
The statutory time limit is linked to the end of the case. After a court judgment, an appeal or an appeal in cassation may still be possible. A judgment that is not yet final therefore does not necessarily mean that the case has already ended for the purposes of a compensation request.
In a dismissal, the nature of the decision and the way it was communicated are relevant to determining when the case ended. Have your lawyer establish which date must be used in your case. Do not wait until all invoices, banking problems or other consequences have been resolved before discussing the time limit.
Note the conservatively calculated final date and make sure the request reaches the competent court in time. A conversation with your lawyer or a question to the Public Prosecution Service does not replace submitting the request. Keep proof of sending and receipt, so that you can show when it was submitted.
Which periods of detention can be compensated
Article 533 Sv covers, among other things, police custody, clinical observation and pre-trial detention. Being held briefly for questioning after arrest is not necessarily the same compensable category. The formal detention status must therefore be established for each period.
Use the decisions and detention records rather than just your memory of the number of nights. The date on which you were arrested may differ from the date on which police custody began. Transfers between a police cell and a remand centre (huis van bewaring) may also be relevant to the calculation.
Subject to conditions, certain deprivation of liberty abroad in connection with a Dutch extradition request may also be taken into account. That requires a separate assessment of the legal basis and documents. Not every foreign detention that is somehow linked to your case automatically falls under the same scheme.
Standard amounts for requests from 2026
The district courts and courts of appeal use the LOVS guidelines (agreed by the national consultative body of criminal court presidents) as a reference point for compensation for deprivation of liberty. For requests submitted on or after 1 January 2026, the amounts have been indexed. The current guidelines can be found in the Judiciary’s reference points and LOVS guidelines.
| Compensable place of detention | Standard amount per day from 2026 |
|---|---|
| Police cell during the relevant detention phase | 160 euros |
| Remand centre | 120 euros |
| Remand centre under restrictions or an EBI (maximum security institution) | 155 euros, including a 35 euro supplement |
These are reference amounts, not an automatic entitlement in every case. The court first assesses whether compensation can be awarded and may take special circumstances into account. If a request is submitted later, always check the version of the guidelines in force at that time.
How are the days counted
The LOVS guidelines also contain rules for counting days. The day on which police custody begins and the day of release are in principle counted as full days. Where someone is transferred from a police cell to a remand centre on the same day, the guidelines apply the lower rate for that transition day.
A calculation based only on the number of nights spent may therefore differ from the correct count. Draw up an overview showing the start time, formal status, place of detention, transfer and end. Where possible, add the underlying documents.
A fictitious example: if, after applying the counting rules, three days at 160 euros and ten days at 120 euros qualify for compensation, the standard calculation is 480 plus 1,200 euros, making 1,680 euros. This example says nothing about whether a specific request will be granted or about additional items of loss.
Can you claim more than the standard amount
Special circumstances may justify requesting higher compensation. These must be described and substantiated specifically. The mere fact that detention is drastic does not explain why the usual standard should be departed from in your case.
Think of demonstrable special consequences that are sufficiently connected with the relevant deprivation of liberty. Medical information, a precise description of the circumstances and other documents may be significant. Have your lawyer assess which information is needed and avoid unnecessary disclosure of sensitive information.
It must also be avoided that the same loss is claimed twice, for example as part of increased non-material compensation and again under a different description. A clear breakdown by item of loss helps the court understand exactly what is being claimed and why.
Lawyer’s fees after the criminal case
Under the conditions of Article 530 Sv, reimbursement of the costs of defence counsel may be requested. The court assesses, among other things, the connection with the case and the reasonableness of the costs. An invoice alone does not mean that every amount will be awarded without scrutiny.
Gather invoices, itemised statements, engagement letters and payment details. Make clear which work relates to the criminal case and which to other proceedings. Costs of an employment dispute or a separate dispute with a bank cannot be presented as an ordinary criminal case invoice without a further legal basis.
If legal assistance was provided through subsidised legal aid (toevoeging) or another form of funding, additional points need attention. Double compensation is not intended, and Article 44a of the Legal Aid Act (Wet op de rechtsbijstand) may be relevant. Discuss the actual financial arrangements with your lawyer. The general explanation of the costs of a criminal defence lawyer helps to distinguish between paid and subsidised assistance.
Costs of the compensation request itself
The costs of legal assistance for drafting and handling the request may also be included under the applicable rules and LOVS guidelines. This is a separate part of the cost estimate. A request dealt with without a hearing may be approached differently from a request that is heard orally.
Ask in advance what work is needed and how the lawyer estimates the costs. A simple standard calculation requires different preparation from a request involving several items of loss, detention abroad or substantial loss of income.
Do not assume there is a guarantee that all costs of extensive proceedings will be reimbursed in full. Discuss the relationship between what may be at stake and the work required. A clear agreement in advance prevents the compensation procedure itself from raising unexpected financial questions.
Substantiating loss of income
If you have lost income, it must be clear what caused that loss and on which statutory basis compensation is being requested. Damage caused by detention and time lost for the handling of the criminal case are not necessarily the same category.
An employee can, for example, provide payslips, a statement from the employer and information about unpaid hours. For a business owner, lost turnover and net loss of income are not automatically the same. Cost savings, substitution and other causes of a decline may be relevant.
Make a calculation per period and explain which work could not be carried out. A general estimate that you lost thousands of euros is harder to assess than specific assignments, hours and financial data. For complex losses, bring in financial expertise where necessary, aligned with the legal basis.
Travel and accommodation costs
Article 530 contains a scheme for certain travel and accommodation costs incurred for the investigation and handling of the case. The calculation follows the applicable statutory rates. Not every private journey connected with the stress of the case falls under this.
Keep summonses, tickets, appointments and payment details. State the date, destination and reason for the journey. Where there are several cases, it must be clear which case file the costs relate to. An orderly overview prevents costs without a sufficient connection from being included.
Here too, the difference between your own costs and those of your lawyer is important. The costs of defence counsel are assessed under their own scheme. Do not let them be included twice in an overall summary without noticing.
Why can the court reject a request
The court may find that a statutory condition has not been met, that the request was submitted too late or that an item of loss has not been sufficiently substantiated. In addition, there is the fairness test of Article 534. All relevant circumstances may be taken into account.
An acquittal therefore does not mean that every loss claimed is automatically compensated. At the same time, compensation proceedings must not be used, without respect for the presumption of innocence, to establish guilt after all where the criminal case did not lead to that. The reasons given for a rejection therefore deserve careful review.
Your lawyer can distinguish in advance between strong, substantiated items and parts that require more investigation. This makes the request clearer and prevents a large unspecified claim from distracting attention from losses that can be properly demonstrated.
Which court do you submit the request to
Jurisdiction depends on the court before which the criminal case was or would have been prosecuted when it ended, or before which it was last prosecuted. That may be a district court or a court of appeal. Do not, therefore, automatically send the request to the police or to the public prosecutor’s office that sent the dismissal letter.
The request states your details, the case it concerns, the statutory basis, the amounts and the substantiation. Enclose the relevant final decision and supporting evidence. Make sure it is signed as required; personal signature by the applicant deserves explicit attention.
No court fee is charged for this request procedure. A lawyer is not mandatory but can be useful with regard to the legal basis, time limits and calculation of loss. The practical procedure is described on the Judiciary’s page on compensation after acquittal.
The hearing and the decision
After submission, a hearing in chambers (raadkamer) may follow. The compensation proceedings are heard in public. The Public Prosecution Service may take a position on the request and the court may ask questions about the legal basis and the calculation.
Prepare a brief explanation for each disputed item. Do not introduce a major new category of loss without documents if it could have been substantiated earlier. If the court asks for information, it must be clear what supplement is needed and within what time limit.
Once compensation is awarded, set-off against certain amounts owed to the State may come into play. The amount awarded is therefore not in every situation equal to the amount actually paid out. Check the decision and, if the request is rejected, have it assessed immediately whether an appeal is possible and within what time limit.
Which losses may fall outside this procedure
Reputational damage, problems with a bank or damage to belongings may require a different legal basis and procedure. Damage caused by possibly unlawful government action cannot in every situation be dealt with in full through Articles 530 and 533 either.
A separate civil claim has its own conditions, costs and risks. The existence of an acquittal does not automatically prove that all earlier investigative acts were unlawful. The question of lawfulness at the time of the action must be assessed separately.
Have an inventory made first of which losses fall under which track. That way you avoid putting everything into one request while an important item needs to be assessed elsewhere. Meanwhile, keep an eye on the time limit for the ordinary compensation request.
Checking your request item by item
Before submitting, compare the calculation with the annexes and check that every amount can be traced. Does the detention period match the formal decisions? Are paid invoices distinguished from estimates? Is an income item gross turnover or actual loss suffered? State the assumptions used and avoid a payment appearing in two categories.
Also check your name, case number, address and signature. A request that is sound in substance can be delayed by missing practical details. After sending, ask for confirmation of receipt via the usual channel and keep it together with the version submitted. If a supplement is requested later, it will then be clear which information has already been provided and what is still missing. The original submission deadline remains a separate point of attention.
Frequently asked questions about compensation
Do I automatically receive money after an acquittal?
No. You must submit a request in time and substantiate the relevant statutory conditions and loss. The court also assesses whether an award is fair. An acquittal alone does not determine the amount of compensation.
Can I also make a request after a dismissal?
Yes, subject to conditions. The exact dismissal decision, the end of the case and the items of loss must be assessed. Do not wait to seek advice until the three months have almost expired.
Are the first hours at the police station compensated?
Being held for questioning is not necessarily compensable police custody. Have the formal status and start time established. Simply counting how many hours you were not allowed to go home does not produce a correct legal calculation.
What is the daily amount in 2026?
For requests from 1 January 2026, the LOVS guidelines mention, among other amounts, 160 euros for a police cell and 120 euros for a remand centre. Under restrictions or in an EBI, the supplement mentioned applies. An award remains dependent on the conditions and the court’s assessment.
Can I get my entire lawyer’s bill back?
That is not guaranteed. The legal basis, reasonableness, itemisation and funding of the assistance are assessed. Make sure you have complete invoices and distinguish between the criminal case and other proceedings.
What should I gather first?
Gather the final decision, detention records, invoices, proof of payment and documents on specific loss of income. Note the dates of receipt and any appeal time limits. Then have the final submission date established immediately.
Having a compensation request assessed
Arslan Advocaten can assess which costs and losses may qualify for compensation and how the request should be substantiated. See our criminal law assistance or contact us. State when and how your criminal case ended, so that the time limit can be checked straight away.
Sources
Editorial team and responsible lawyer
Editorial team: Arslan Advocaten. Responsible lawyer for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information does not replace an assessment of your own case.
