If you become a suspect in the Netherlands, the process moves at the pace of the police and the prosecution, not at yours. The criminal defence lawyers of Arslan Advocaten are with you from the first hour of the investigation to the appeal — in English, Dutch, Turkish or Polish. If you are in custody, or a relative has been arrested, do not wait: speaking to a lawyer before the first interview shapes the rest of the case.
This page sets out the essentials of Dutch criminal law: when you need a lawyer, the stages a criminal case goes through, the cases we handle, how costs are arranged and your right to assistance in your own language. For a detailed account of your rights as a suspect, see our full guide Criminal law: what to know if you are a suspect.
When do you need a criminal lawyer?
The rule is simple: from the moment you are the subject of the investigation. In practice we are called most often in these situations:
- You have been arrested or the police have invited you for an interview (your rights as a suspect).
- A relative is in custody and you do not know where they are or how long they can be held (rights of an arrested family member).
- You have received a summons for the single-judge court or a full bench (summons received: what now?).
- A penalty order or an invitation to a prosecutor’s hearing has arrived (object or accept?).
- Your driving licence or your property has been seized (driving licence confiscated).
- You have been convicted and want to appeal — the period is only fourteen days (appeal in criminal cases).
The moment at which our work is worth most is almost always the first one: before the interview. A statement given without speaking to a lawyer goes into the record and stays with the file to the end.
How does a criminal case proceed in the Netherlands?
From arrest to final judgment, a case passes through fixed stages. Each has its own time limits and its own decision-maker — and each offers points at which a defence can intervene.
| Stage | What happens | Maximum |
|---|---|---|
| Arrest and detention for investigation | the police establish your identity and interview you | 9 hours (offences allowing pre-trial detention) or 6 hours; the hours between midnight and 09.00 do not count (Article 56a CCP) |
| Police custody (inverzekeringstelling) | an assistant public prosecutor orders it in the interest of the investigation | 3 days, extendable once by 3 days in case of urgent necessity (Articles 57–58 CCP) |
| Appearance before the investigating judge | an independent judge reviews the lawfulness of your detention | no later than 3 days and 18 hours after arrest (Article 59a CCP) |
| Remand and continued detention | the judge and then the full bench decide on pre-trial detention | 14 days + up to 90 days (Articles 63–66 CCP) |
| The prosecution’s decision | dismissal, penalty order, prosecutor’s hearing or summons | no fixed period; it depends on the size of the file |
| Hearing and judgment | a single judge or a bench of three hears the case on the merits | a single judge may as a rule impose up to 12 months’ imprisonment |
| Appeal / cassation | to the court of appeal, and from there to the Supreme Court | fourteen days in both cases |
Source: Dutch Code of Criminal Procedure, Articles 56a–66, 257a–257f, 408 and 432, wetten.overheid.nl.
The time limits and what can be done about them are set out in police custody and pre-trial detention.
Which criminal cases do we handle?
Our criminal lawyers act for individuals and for companies: for anyone facing the police, specialist investigation services such as the FIOD, the municipality or the Public Prosecution Service.
Property crime, fraud and money laundering
Theft, embezzlement, fraud, forgery, money laundering and financial investigations run by the FIOD. These files often carry a second front that weighs as heavily as the sentence itself: a confiscation claim and the termination of your banking relationships. See fraud and forgery.
Violent and sexual offences
Assault, threats, public violence, grievous bodily harm and allegations of sexual offences. What decides these cases is usually the reliability of witness statements, the defence of self-defence and the victim’s compensation claim. See suspected of assault.
Traffic criminal law
Driving under the influence of alcohol or drugs, dangerous driving, accidents causing injury or death (Articles 5, 6 and 8 of the Road Traffic Act) and confiscation of your driving licence. For anyone whose work depends on their car, the sentence is often not the real problem — the licence is. See driving under the influence and dangerous driving.
Drug offences
Possession and trafficking of soft and hard drugs, cannabis cultivation, laboratories and international files (Opium Act). See defence in drug cases.
Juvenile criminal law
A separate criminal law applies to young people between twelve and eighteen: different maximum sentences, different measures and a role for the Child Protection Board. For young adults, adolescent criminal law may apply. See juvenile criminal law.
Economic offences and measures
Cases under the Economic Offences Act, weapons offences, confiscation claims, treatment and security measures, and the consequences of community service that has not been performed (community service not performed).
The penalty order and the prosecutor’s hearing: paying is not staying clean
The prosecutor can impose a penalty without any judge being involved. You can object to such a penalty order within fourteen days; if you pay it, you waive your right to object. A penalty order is possible for minor offences and for offences carrying no more than six years’ imprisonment; it can impose a fine, up to 180 hours of community service and a driving ban of up to six months — but no prison sentence (Articles 257a and 257e CCP).
The trap is invisible: a penalty order that has been paid also goes on your criminal record. Years later, when a certificate of conduct (VOG) is required for a job in healthcare, education, security or finance, that entry surfaces. So before you sign and pay, ask: could this cost me my profession? See the prosecutor’s hearing and certificate of conduct denied.
What the prosecution can decide: dismissal, penalty order or trial
When the investigation ends, the file goes to the prosecutor, and the road forks four ways: dismissal, conditional dismissal, a penalty order or a summons. The prosecutor may decide not to prosecute on grounds of the public interest — a power set out in Article 167(2) CCP and wider in practice than people assume.
This is the stage where a lawyer often achieves the earliest and quietest result: written submissions to the prosecution before trial, pointing out the gaps in the file or documenting your personal circumstances, can mean a case never reaches court at all. With a conditional dismissal, a probation period and conditions follow — weigh whether those are realistic for you before accepting.
What does a conviction mean for my record and my VOG?
Both a court judgment and a paid penalty order are entered on your criminal record. That does not automatically mean you cannot obtain a certificate of conduct: what is assessed is whether the offence, if repeated, would obstruct the purpose for which the certificate is requested. The test is in Articles 28 and 35 of the Judicial Data and Criminal Records Act (Wjsg).
The standard look-back period for a VOG application is four years; for sexual offences and certain positions it is longer or unlimited. The look-back period is not the same as the retention period: for offences, data are generally kept for twenty to thirty years (Article 4 Wjsg). So a disposal accepted on the basis that “it was only a fine” can resurface years later in a job application.
If your VOG has been refused, the process is not over: you can first submit observations on the intended refusal, and then object and appeal. See intention to reject a VOG and objecting to a VOG rejection.
What does a criminal lawyer cost?
If you are arrested, the assistance of the duty solicitor is as a rule free of charge to you. The basis is Article 43 of the Legal Aid Act: where a lawyer is assigned to a suspect under the law, that assistance is free. After that there are three routes:
| Form | How it works |
|---|---|
| Duty solicitor | assigned once your arrest is notified; you may state a preference for a particular lawyer (Article 39(2) CCP) |
| Legal aid assignment (toevoeging) | through the Legal Aid Board, if your income and assets are below the thresholds; a personal contribution is normally payable |
| Chosen counsel (hourly rate) | you choose and pay yourself; ask for an estimate per stage in advance |
A duty solicitor’s assignment ends automatically when police custody ends (Article 39(4) CCP). If you want one lawyer to handle your case from start to finish, arrange that immediately after release. See duty solicitor or your own lawyer and criminal defence lawyer costs.
Legal assistance in your own language, and the right to an interpreter
If you do not understand Dutch well enough, you must be informed of your rights in a language you understand (Article 27c(4) CCP), and you have the right to translation of the essential documents and to an interpreter at the hearing. But an interpreter is not your lawyer: they convey what is said, they do not choose your tactics.
At Arslan Advocaten we work with lawyers who speak English, Turkish and Polish. Being able to explain your case in your own language is not a detail when preparing for an interview — it is the foundation of the defence. See a criminal lawyer who speaks your language.
Sentences and measures the court can impose
The law recognises four principal sentences — imprisonment, detention, community service and a fine (Article 9 of the Criminal Code) — alongside additional penalties and a range of measures, and the court can impose them wholly or partly suspended.
| Sentence or measure | In essence | Basis |
|---|---|---|
| Community service | unpaid work, up to 240 hours | Article 22c CC |
| Fine | six categories, each with a statutory maximum indexed every two years | Article 23 CC |
| Suspended sentence | possible in full up to two years’ imprisonment; between two and four years for a part of at most two years | Article 14a CC |
| Compensation measure | payment to the State for the benefit of the victim | Article 36f CC |
| Hospital order (tbs) | where a mental disorder existed at the time of the offence and the offence is serious, on expert advice | Article 37a CC |
We deliberately do not publish “usual” sentence levels per type of offence: the spread within a single offence is so wide that an average misleads more than it helps. In a criminal case the real gain is often not in the classification but in the form of execution — a suspended sentence instead of an unconditional one, community service instead of prison, or special conditions tied to treatment you are already receiving.
My property has been seized — will I get it back?
Property may be seized for as long as it can serve to establish the truth or is liable to confiscation (Article 94 CCP). Once that interest falls away, the prosecutor must end the seizure and return the item without delay (Article 116(1) CCP). If it is not returned, you can file a complaint with the court (Article 552a CCP).
Beware the waiver. In practice a document waiving your rights to the item is put in front of you quickly — sometimes in the same stack as everything else. If you sign it, a car, a phone or cash is as a rule gone (Article 116(2) CCP).
If you are the victim
Criminal law is not only for suspects. As a victim you can report the offence (Article 163 CCP), join the criminal proceedings as an injured party with a compensation claim (Article 51f CCP), and apply to the Violent Offences Compensation Fund. These three routes can run alongside each other. If the prosecution decides not to prosecute, a directly interested party can complain in writing to the court of appeal — the “Article 12 procedure”.
The first 24 hours: what to do, in what order
- Say that you are exercising your right to remain silent; you do not have to explain why.
- Ask for a lawyer and name one if you have one (Article 39(2) CCP).
- Read the written notice of rights and keep it (Article 27c CCP).
- Ask for someone to be informed of your detention (Article 27e CCP).
- Sign nothing you do not fully understand — in particular waivers relating to seized property.
- Note the times: the moment of arrest determines every period that follows.
- Do not try to “explain how it really was” before speaking to your lawyer; at that moment you do not know what is in the file.
Frequently asked questions
How long can the police hold me?
At most nine hours for investigation (for an offence allowing pre-trial detention) or six hours; the hours between midnight and 09.00 do not count. After that you must be released or placed in police custody: three days, extendable once by three days in case of urgent necessity (Articles 56a–58 CCP).
Do I have to answer questions in an interview?
No. As a suspect you are not obliged to answer, and the police must remind you of that before every interview (Article 29 CCP). When to give a statement is a tactical choice — make it with your lawyer, not alone at three in the morning.
Can I choose my own lawyer?
Yes. On arrest you can state a preference (Article 39(2) CCP). Give our name and we will contact you. See designating a preferred lawyer.
How long do I have to appeal?
As a rule fourteen days after judgment. The period is strict; once it passes, the judgment becomes final.
What happens if I do not attend the hearing?
The case goes ahead without you and the court sees only the file — not your personal circumstances. If you cannot attend, tell your lawyer; they can be authorised to conduct the defence on your behalf.
Contact us directly
If there is an arrest or an interview coming up, call immediately. For a free, no-obligation first conversation:
- Amsterdam — 020 747 00 55
- The Hague — 070 4500 300
- Rotterdam — 010 311 5500
- Utrecht — 030 747 0038
- Eindhoven — 040 711 3099
This page is published under the responsibility of Melanie Schulpen, criminal defence lawyer at Arslan Advocaten, registered in the Netherlands Bar’s register of legal practice areas for criminal law (and juvenile criminal law) and administrative law. Last updated: 13 September 2026. This page is general information and does not replace individual legal advice.