police interrogation, the public prosecutor (officier van justitie) decides whether you will be prosecuted. This can happen in different ways:
Dismissal (Sepot): the prosecutor decides not to prosecute you (insufficient evidence or no public interest in prosecution)
Penalty order (Strafbeschikking): the prosecutor imposes a penalty without the intervention of a judge
Prosecutor’s hearing (OM-zitting/TOM-zitting): the prosecutor discusses the case with you and proposes a penalty
Summons (Dagvaarding): you must appear before the police judge (simple cases) or the multi-judge chamber (complex cases)
With each route, you have rights and possibilities to defend yourself. A criminal defence lawyer knows these routes and knows which strategy is the most promising in your situation.
Time limits are crucial in criminal law. With a penalty order (strafbeschikking), you have 14 days for an objection. With a judgment, 14 days for an appeal. One day too late is definitively too late. Therefore, always engage a lawyer immediately as soon as you receive a letter from the Public Prosecution Service.
Understanding Police Bail in the Netherlands
Police bail is a temporary release granted to a suspect after being detained, pending further investigation or before a court hearing. In the Netherlands, police bail is not as commonly used as in some other countries, but it remains an important part of the criminal justice process to safeguard individual liberty while ensuring that the suspect remains available for investigation and trial.
When police bail is granted, the suspect is generally required to comply with certain conditions. These might include reporting regularly to the police station, surrendering a passport to prevent travel abroad, or agreeing not to contact certain individuals involved in the case. Failure to comply with bail conditions can result in re-arrest and detention.
It is important to note that police bail is typically granted during the initial stages of the investigation. If the public prosecutor decides to proceed with prosecution, the suspect may be summoned to appear before the court, where further decisions about detention or release will be made.
Pre-trial Detention: Legal Time Limits and Rights
Pre-trial detention (voorlopige hechtenis) is the period during which a suspect is held in custody before a trial begins. Dutch law imposes strict rules and time limits to prevent excessive or arbitrary detention. The main types of pre-trial detention include arrest, detention for interrogation (inverzekeringstelling), and provisional detention (voorlopige hechtenis) ordered by a judge.
After arrest, the police can hold a suspect for a maximum of 9 hours for questioning. If more time is needed, this can be extended to 3 days during which the suspect is formally detained. Following this, a public prosecutor must decide whether to request provisional detention from a judge.
Provisional detention can be ordered for up to 14 days initially, but this period can be extended multiple times depending on the complexity of the case. However, the total duration of pre-trial detention is limited by law. For example, after 104 days, the court must either bring the case to trial or release the suspect. These time limits are designed to protect the suspect’s right to liberty and a speedy trial.
During pre-trial detention, suspects retain certain rights, such as the right to legal counsel, the right to be informed about the reasons for detention, and the right to challenge their detention before a judge. Violations of these rights can be grounds for release or dismissal of the case.
How a Criminal Defence Lawyer Can Help You During Detention
Being detained is a stressful and confusing experience. A criminal defence lawyer plays a vital role from the moment of arrest, ensuring that your rights are protected throughout the criminal process. Early involvement of a lawyer is crucial to prevent unlawful detention and to prepare an effective defence strategy.
Your lawyer can attend police interrogations with you, advise you on whether to answer questions, and ensure that the police follow proper procedures. If you are held in pre-trial detention, your lawyer can request bail or argue against continued detention by presenting evidence or highlighting procedural errors.
Moreover, your lawyer can request access to the investigation file, interview witnesses, and gather evidence to support your case. Good legal representation often leads to better outcomes, whether that means dismissal of charges, reduced penalties, or acquittal at trial.
At Arslan Advocaten, our criminal defence lawyers are experienced in dealing with detention matters and work closely with clients to explain every step of the process. We strive to ensure that your rights are upheld and that you receive the best possible defence.
Frequently asked questions
Does a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal aid (toevoeging). You then only pay a personal contribution depending on your income — for the lowest incomes only €188.
Can I choose my own lawyer?
Yes, you always have the right to a free choice of lawyer. You can state your own lawyer to the police (preference notification) and you can change lawyers at any time.
Does Arslan Advocaten speak my language?
Our lawyers speak Dutch, Turkish, Polish, and English. We can assist you in your own language, which is crucial in criminal law.
