Time limits, conditions and a proper legal assessment play an important role in police custody (inverzekeringstelling) and pre-trial detention (voorlopige hechtenis).
Police custody and pre-trial detention
Practical preparation
First, carefully read the available documents. Then, note down the moments that are important for your case. After that, discuss your questions with your lawyer. Additionally, it helps to keep relevant data organized. As a result, you can make more targeted decisions. For general legal information, also see the website of the Judiciary (de Rechtspraak).
Time limits, conditions and a proper legal assessment play an important role in police custody and pre-trial detention.
Have you been arrested and are you wondering what the maximum period is that you can be held in police custody before a judge decides on pre-trial detention? It is essential to know your rights and the legal time limits to prevent unnecessary restriction of your freedom. In this article you will read exactly what to look out for and what to expect.
Time limits for police custody and pre-trial detention
Police custody and pre-trial detention
When you are arrested, the police can place you in police custody (inverzekeringstelling). This means that you may be held for questioning and investigation for a maximum of three days (72 hours). The purpose of this is to quickly assess whether there is sufficient reason to hold you longer.
After these three days, the public prosecutor (officier van justitie) decides whether an application will be made for pre-trial detention (voorlopige hechtenis). This is a formal measure in which you are held for a longer period by an examining magistrate (rechter-commissaris).
The most important time limits at a glance:
- Police custody (inverzekeringstelling): maximum of 3 days (72 hours).
- Pre-trial detention (voorlopige hechtenis): the examining magistrate must decide within 3 days after the application.
- Maximum duration of pre-trial detention for serious offenses: usually a maximum of 90 days, with possible extension up to 180 days in very serious cases.
- Extension of pre-trial detention: is only possible after authorization from the examining magistrate and after an application by the Public Prosecution Service (Openbaar Ministerie).
It is of great importance that these time limits are strictly followed. Exceeding the time limits can lead to release, unless there are exceptions or special circumstances. Your lawyer can critically monitor this and, if necessary, submit a request for suspension or release in a timely manner.
Procedure surrounding pre-trial detention: what can you expect?
When the public prosecutor decides to apply for pre-trial detention, this is done via a request to the examining magistrate. The procedure consists of the following steps:
- Arrest and police custody: the police hold you for a maximum of 3 days.
- Application for pre-trial detention: within those 3 days, the Public Prosecution Service asks the examining magistrate for pre-trial detention.
- Hearing by the examining magistrate: usually, a hearing takes place within 3 days after the application, which you and your lawyer can attend.
- Decision: the examining magistrate decides whether pre-trial detention is allowed, possibly with conditions such as remand in custody, house arrest or electronic monitoring.
Your presence at this hearing is crucial. A criminal defense lawyer from Arslan & Arslan Advocaten can assist you, speak on your behalf and put forward arguments to prevent or limit pre-trial detention. Possible arguments are the absence of a flight risk, the absence of a risk of recidivism or the absence of a risk of obstruction (for example, influencing witnesses).
If pre-trial detention is allowed, this does not mean that you are guilty. It is a precautionary measure to ensure that the criminal process runs smoothly.
Practical tips and common mistakes regarding pre-trial detention
In the stressful situation of arrest and pre-trial detention, suspects and their relatives sometimes make mistakes that can be unnecessarily disadvantageous. Some practical tips to prevent this:
- Hire a lawyer as soon as possible. Do not wait until the hearing with the examining magistrate. A timely lawyer can review the file, gather evidence and draw up a strategy.
- Use your right to remain silent. You are not obliged to talk to the police. Anything you say can be used against you. Consult your lawyer first before making statements.
- Avoid contact with co-suspects. This can be seen as influencing witnesses and can be a reason for pre-trial detention.
- Do not forget the monitoring of time limits. Your lawyer must keep a close eye on the legal time limits. If they are exceeded, a request for release can be submitted.
- Be honest with your lawyer. Only with complete information can a lawyer build a good defense.
Many suspects think that pre-trial detention automatically means they will be locked up for a long time. This is not always the case. Through timely and expert legal assistance from Arslan & Arslan Advocaten, alternatives can often be proposed, such as suspension of pre-trial detention under conditions.
Our criminal defense lawyers know the procedures, the judges and the possibilities to guarantee your freedom as much as possible. Contact us immediately if you or a relative are in this situation.
The procedure step by step
The Dutch criminal process proceeds in fixed steps. After the arrest and police questioning, the public prosecutor decides whether you will be prosecuted. This can be done in various ways:
Dismissal (sepot): the prosecutor decides not to prosecute you (insufficient evidence or no interest in prosecution)
Penalty order (strafbeschikking): the prosecutor imposes a penalty themselves without the intervention of a judge
Prosecutor hearing (OM-zitting/TOM-zitting): the prosecutor discusses the case with you and proposes a penalty
Summons (dagvaarding): you must appear before the police magistrate (politierechter) (simple cases) or the multiple-judge chamber (meervoudige kamer) (complex cases)
With each route, you have rights and options to defend yourself. A criminal defense lawyer knows these routes and knows which strategy is most promising in your situation.
Time limits are crucial in criminal law. With a penalty order, you have 14 days to object. With a verdict, you have 14 days to appeal. One day too late is definitively too late. Therefore, always hire a lawyer immediately as soon as you receive a letter from the Public Prosecution Service.
What can you do?
The most important step you can take is: hire a criminal defense lawyer immediately. Do not wait. The sooner your lawyer is involved in the case, the better he or she can prepare your defense.
Your lawyer can request the file from the Public Prosecution Service, analyze the evidence, hear witnesses, determine a defense strategy and prepare you for the hearing. Good preparation often makes the difference between conviction and acquittal, or between a heavy and a light sentence.
At Arslan Advocaten, we have criminal defense lawyers who are in the courtroom every day. We know the judges, the prosecutors and the procedures. We use that experience for you.
Frequently asked questions
Does a criminal defense lawyer cost me money?
Usually not. Most suspects are eligible for subsidized 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 choose your own lawyer. You can specify your own lawyer to the police (voorkeursmelding) 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.
Need help from a lawyer?
Our lawyers specialize in criminal law.
Practical points of attention
Therefore, you first collect the facts and documents. Then you discuss your questions with a lawyer. Furthermore, you keep relevant information organized. At the same time, you note down important contact moments. After that, you compare your information with the file. This creates more overview. You can also directly address any ambiguities.
This way, you prepare follow-up steps more calmly. Subsequently, you determine which points require extra attention. Additionally, you keep track of new information. As a result, you can consult more specifically. Finally, you carefully discuss the possible follow-up steps.
