Written by Melanie Schulpen, criminal defence lawyer at Arslan Advocaten. Registered in the legal practice areas register of the Netherlands Bar for criminal law (and juvenile criminal law) and administrative law. Last updated: 31 August 2026.

I have been arrested by the police — what do I need to know now?

Two things, and they matter more than anything else on this page: you are not obliged to answer, and you have the right to a lawyer before and during the police interview. Wait for that lawyer and say nothing before you have spoken to them. Everything you say in the first few hours goes into the official police report and stays with the case to the end — even if you meant it differently later, even if you thought you were clearing your name.

The law provides for both rights expressly. Article 29(2) of the Dutch Code of Criminal Procedure provides that a suspect is not obliged to answer and that this must be communicated to them before questioning begins. Article 28(1) Sv gives the suspect the right to be assisted by counsel. If you have been arrested, you also receive those rights in writing: article 27c(3) Sv provides that an arrested suspect must be informed in writing, without delay after the arrest and in any event before the first interview, of among other things the right to legal assistance, the right to remain silent, the right to inspect the case file, the period within which they will be brought before the investigating judge, and the right to have someone notified of their deprivation of liberty. That document is the "statement of rights" people look for. If you do not speak Dutch, or not well enough, that communication must be made in a language you understand (article 27c(4) Sv).

Source: Dutch Code of Criminal Procedure, articles 27c, 28 and 29, wetten.overheid.nl.

What you can practically do in the first few hours:

What	Why it counts
Say that you are exercising your right to remain silent	you do not have to give reasons for it and it may not be used against you as evidence of guilt
Ask for a lawyer and name one if you have one	you may state a preference (article 39(2) Sv); if you have none, the duty lawyer is assigned
Read the written statement of rights and keep it	it sets out what you are suspected of and what the next steps are
Ask whether someone may be notified	the right to have a third party informed is in article 27e Sv
Sign nothing you do not fully understand	a signature under a statement is hard to put into perspective later
Remember the times	the moment of arrest determines every time limit that follows

What you had better not do: explain "how it really was" in order to clear the matter up. In the interview room you do not know what is in the file, what co-suspects have said or what camera footage exists. Your lawyer can usually find out at least part of that. A statement made without that insight can confirm facts that would otherwise have had to be proved.

What is the right to remain silent and what is the caution?

The right to remain silent means that as a suspect you are not obliged to answer, and the caution is the notice the police must give you about that before every interview: "you are not obliged to answer". Both are in article 29 Sv, which also provides that the interviewing officer must refrain from anything intended to obtain a statement that cannot be said to have been made freely, and that the caution is recorded in the official report.

The right to remain silent is often misunderstood in practice. Three misconceptions:

1. "Silence will be used against me." Silence is a right; in itself it may not be used as evidence of guilt. It is true that where there is incriminating evidence that cries out for an explanation, the absence of any explanation can play a part in the later reasoning on the evidence. That is precisely why the judgement about when you do make a statement is a tactical one you make together with a lawyer — and not on your own, at three in the morning.
2. "I must at least tell my side of the story." Your side of the story can also come later, once the file is known: before the investigating judge, in a supplementary interview, or at the hearing. What is said early cannot be taken back.
3. "The right to remain silent applies everywhere." No. You do have to identify yourself under the Compulsory Identification Act, and certain traffic checks carry their own obligations, such as cooperating with a breath test. The right to remain silent covers questions about the offence, not everything.

Watch where the interview begins and ends. The caution is compulsory at an interview: questions about your involvement in a criminal offence. The informal chat in the police car, in the waiting area or "just off the record" is formally not an interview, but what you say there can still end up in an official report of findings. Practical rule: from the moment you are a suspect, there is no conversation with investigating officers that can have no consequences.

Why is making a statement without consulting a lawyer almost always a bad idea?

Because at that moment you do not know the file, while your statement is recorded for the whole case — and because the law expressly gives you the opportunity to consult a lawyer first and to have them present at the interview. That prior consultation is the right to consult counsel; presence during the interview is assistance during questioning.

The rules are concrete. Article 28c Sv provides that an arrested suspect for whom counsel is available must be given the opportunity to speak with them for up to half an hour before the first interview, and that the assistant public prosecutor may extend that period on request by up to another half hour. Article 28d Sv gives the suspect the right to request that their counsel attend and take part in the interview; if such a request is refused, the grounds for that must be stated in the official report.

The Court of Appeal of ‘s-Hertogenbosch put the starting point as follows: since 22 December 2015 an arrested suspect has had the right to the presence and assistance of counsel during questioning by the police, known as assistance during questioning (Court of Appeal ‘s-Hertogenbosch, ECLI:NL:GHSHE:2020:1380). In that same case the court found that it could not be inferred from the official report that the suspect had expressly or tacitly and unequivocally waived the right to consult counsel — and that very point, whether a valid waiver was made, is regularly the hinge of a defence after the fact.

If one of these rights is breached, that can amount to a procedural defect within the meaning of article 359a Sv. The court can attach to that a reduction of sentence, a ruling that the results of the investigation may not contribute to the evidence, or — in the most extreme case — that the public prosecution service is barred from prosecuting. Which consequence is appropriate depends on the importance of the rule breached, the seriousness of the defect and the harm it caused (article 359a(2) Sv). That is not automatic, and it is exactly the kind of defence that stands or falls with what has been recorded in the official report.

There is one exception to watch out for. On an arrest for an offence for which pre-trial detention is not permitted, the legal aid board does not assign counsel of its own motion: you are then given the opportunity to contact a lawyer of your own choosing (article 28b(3) Sv). And if the lawyer is not available within two hours, the assistant public prosecutor may decide that the interview will start — but only if you then waive your right to legal assistance after all (article 28b(4) Sv). If you do not waive it, there is no two-hour rule that justifies the interview.

How long may the police hold me?

After arrest you may be detained for investigation for at most nine hours for an offence for which pre-trial detention is permitted, and at most six hours for other criminal offences; the time between midnight and nine in the morning does not count towards this. That is set out in article 56a(2) Sv. After that you must be released or placed in police custody (article 56a(3) Sv).

That night-time rule explains why people feel they have been held far longer than the law allows. If you are arrested at eleven at night, one hour runs, the clock then stops for nine hours, and the rest of the period only runs on the following morning.

Under article 56a(4) Sv, detention for investigation also serves to identify the suspect, prepare the interview, conduct the interview itself and serve notices about the further course of the criminal case in person.

Stage	Maximum duration	Who decides	Statutory basis
Detention for investigation	9 hours (pre-trial detention offence) or 6 hours (other), the night 00.00-09.00 does not count	(assistant) public prosecutor	art. 56a Sv
Police custody	3 days	(assistant) public prosecutor	art. 57 and 58 Sv
Extension of police custody	once by 3 days, where urgently necessary	public prosecutor	art. 58(2) Sv
Appearance before the investigating judge	at the latest 3 days and 18 hours after the arrest	the investigating judge reviews	art. 59a(1) Sv
Remand in custody	14 days	investigating judge	art. 63 and 64 Sv
Extended remand	90 days (including extensions)	the court in chambers	art. 65 and 66 Sv

Source: Dutch Code of Criminal Procedure, articles 56a to 66, wetten.overheid.nl.

Police custody is not a given. Article 58(1) Sv provides that the order is only given for a criminal offence for which pre-trial detention is permitted. And as soon as the interests of the investigation allow, release must be ordered (articles 57(5) and 58(3) Sv). Letting police custody continue "just to be safe" while nothing is being investigated any more is therefore not permitted — and it is one of the points your lawyer can seize on before the investigating judge.

Is police custody the same as pre-trial detention?

No. Police custody is a short deprivation of liberty by the public prosecution service in the interests of the investigation; pre-trial detention is the longer deprivation of liberty ordered by a judge and consists of remand in custody, committal and extended remand. In practice they often follow one another, but legally they are two different things, with different decision-makers and different tests.

	Police custody	Pre-trial detention
Who decides	(assistant) public prosecutor	investigating judge (remand in custody), the court (extended remand)
Duration	3 days, extendable once by 3 days	remand in custody 14 days, extended remand up to 90 days
What for	the interests of the investigation	the cases in art. 67 Sv and the grounds in art. 67a Sv
Judicial review	after the fact, by the investigating judge (art. 59a Sv)	beforehand, by a judge
Basis	art. 57 and 58 Sv	art. 63 to 67a Sv

For pre-trial detention three conditions must be met at the same time.

First: a qualifying case. Article 67 Sv lists when an order for pre-trial detention is possible: for an offence carrying four years’ imprisonment or more under its statutory description, for a series of specifically named offences from the Dutch Criminal Code and certain special statutes, and for a suspect with no fixed residence or address in the Netherlands that can be established, where the offence carries a prison sentence.

Second: serious objections. Article 67(3) Sv provides that pre-trial detention is only possible where facts or circumstances show serious objections against the suspect. That is a higher standard than the reasonable suspicion of guilt that suffices for an arrest: there must be a firm suspicion apparent from the file. Only on suspicion of a terrorist offence is there an exception for remand in custody (article 67(4) Sv).

Third: a ground. Article 67a Sv sets out the grounds exhaustively: a serious risk of flight, or a weighty reason of public safety. The latter is further defined: the shock to the legal order for offences carrying twelve years or more, the risk of reoffending for offences carrying six years or more, a special reoffending ground for among other things theft, embezzlement, fraud and assault within five years of an earlier final conviction for such an offence, the fast-track ground for certain offences in a place accessible to the public or against persons with a public duty, and finally the investigation ground: that pre-trial detention is reasonably necessary to bring the truth to light other than through statements by the suspect.

The anticipation rule is the most underrated defence. Article 67a(3) Sv provides that an order for pre-trial detention is not to be made where serious account must be taken of the possibility that no unconditional custodial sentence will be imposed on conviction, or that the suspect will be held longer in detention than the sentence would last. For first offenders and for offences that in practice rarely lead to unconditional detention, that is often the strongest argument for release or suspension.

What does the investigating judge do, and when do I see them?

The investigating judge is the independent judge who reviews in the pre-trial phase whether your deprivation of liberty is lawful; you must be brought before them to be heard at the latest within three days and eighteen hours of your arrest. That period is set out in article 59a(1) Sv and is counted from the time of the arrest — not from the moment of being placed in police custody.

At that hearing you may be assisted by your lawyer, who may make such observations as are necessary (article 59a(3) Sv). You can expressly ask the investigating judge on that occasion to release you (article 59a(4) Sv). If they find the police custody unlawful, they order immediate release (article 59a(5) Sv).

Two things are often dealt with at the same hearing: the review under article 59a Sv and the public prosecutor’s application for remand in custody. If the investigating judge grants that application, a period of at most fourteen days applies (article 64(1) Sv). If the public prosecution service wants to hold you longer after that, the court in chambers must order extended remand; that lasts at most ninety days, extensions included (article 66(1) and (3) Sv). Within those ninety days the case must come on for a substantive hearing.

What your lawyer does here often determines the rest of the case. Before the investigating judge the file comes on the table for the first time, it becomes clear what the investigation rests on, and suspension of pre-trial detention on conditions can be requested. Someone who awaits their hearing on suspension is in almost every respect in a stronger position than someone who spends months in pre-trial detention: they can work, keep their home and family situation intact, and those circumstances count towards the sentence.

I have received a summons — what does it mean and what should I do?

A summons is the official notice to appear as a suspect at a criminal hearing, containing the charge: the precise description of what you are accused of. Have it looked at by a lawyer straight away and do not let the case take its course; not appearing generally means the court decides in your absence.

What it must contain under article 261 Sv: a statement of the offence charged, roughly when and where it is said to have been committed, the statutory provisions making the offence punishable, and the circumstances in which the offence is said to have been committed. In principle at least ten days must elapse between the day the summons is served and the day of the hearing (article 265(1) Sv). If that period has not been observed and you do not appear, the court adjourns the proceedings; if you do appear and ask for an adjournment in the interests of your defence, the proceedings are in principle adjourned (article 265(3) Sv).

What to do in concrete terms once you receive it:

1. Note the hearing date and the time limit. Ten days is the statutory minimum; in practice the time to respond is shorter than it looks.
2. Read the charge word for word. It does not say "theft", but a written-out description with time, place and circumstances. Everything in it has to be proved; what is not in it does not count.
3. Request the case documents. The right to inspect the case documents is set out in articles 30 to 34 Sv and is mentioned in the statement of rights under article 27c Sv.
4. Instruct a lawyer before the hearing, not on the morning itself. Investigation requests — hearing witnesses, an expert, further investigation — must be submitted in good time, otherwise it is too late.
5. Appear. Your personal circumstances count towards the sentence. A judge who has not seen you can do nothing with them.
6. Gather what shows your situation. Employment contract, payslips, proof of treatment or debt counselling, a statement from your employer: this is often more decisive for the sentence than the legal debate.

Do you disagree with the summons itself? There are limited ways of objecting to the summons before the hearing. Whether that stands a chance in your case depends heavily on the file; have it assessed rather than assumed.

I have received a punishment order — is it worth objecting?

A punishment order is a penalty the public prosecutor imposes themselves, without a judge, and you can object to it within fourteen days. If you pay without thinking, you accept a finding of guilt that goes onto your criminal record — which is why objecting is worthwhile more often than people think.

The rules are in articles 257a to 257f Sv. Article 257a(1) Sv provides that the public prosecutor may issue a punishment order for a minor offence or for an offence carrying not more than six years’ imprisonment under its statutory description. What can be imposed: a community service order of at most one hundred and eighty hours, a fine, withdrawal from circulation, an obligation to pay the state for the benefit of the victim, and a driving disqualification of at most six months (article 257a(2) Sv). A prison sentence cannot be imposed by punishment order.

Source: Public Prosecution Service, information on the punishment order, and the Dutch Code of Criminal Procedure, article 257a, wetten.overheid.nl.

The time limit for objecting. Article 257e(1) Sv: an objection may be lodged within fourteen days of the copy being served on you in person, or after some other circumstance has arisen from which it follows that you are aware of the punishment order. For a punishment order with a fine of not more than € 340 for a minor offence committed at most four months before it was sent, a longer period also applies: up to six weeks after it was sent. An objection can no longer be lodged once you have voluntarily complied with the punishment order — so paying means giving up your right to object.

You lodge the objection with the public prosecutor’s office named in the punishment order; that can be done in person, in writing by a signed letter to the public prosecutor, by a lawyer who declares that they are specifically authorised to do so, or electronically (article 257e(2) to (4) Sv). The public prosecutor then brings the objection and the documents before the court, unless they withdraw the punishment order (article 257f(1) Sv). Your case is then dealt with at an ordinary criminal hearing after all.

Why objecting is often worthwhile:

Reason	Explanation
No judge is involved	the public prosecutor is both the prosecuting party and the punishing party; only after an objection does an independent judge decide
The consequences go wider than the fine	a punishment order is recorded and can stand in the way of a certificate of conduct
The description of the offence may be wrong	what it says precisely determines whether the offence can be held against you
The prosecutor can come back on it themselves	article 257e(9) Sv allows the punishment order to be withdrawn or amended
The hearing may have been skipped	for a community service order, driving disqualification or behavioural direction you must have been heard and have declared your willingness (art. 257c(1) Sv); for payment obligations above € 2,000 you must have been heard, assisted by counsel (art. 257c(2) Sv)

One warning. After an objection the court decides on the case independently; it is not bound by the penalty the public prosecutor had chosen. Objecting is therefore not risk-free, and whether it is sensible in your case depends on the file. Have that assessed within the fourteen days — not afterwards.

Summoned before the single-judge criminal court? Who hears which case

The single-judge criminal court (politierechter) is the sitting judge for straightforward cases and may not impose more than one year’s imprisonment; heavier or more complicated cases go to the full-bench chamber of three judges, and minor offences go in principle to the subdistrict court. Who hears your case therefore says something about how seriously the public prosecution service rates it.

Court	Composition	What is heard there	Maximum penalty
Subdistrict court	one judge	in principle minor offences, and the offence in art. 314 Sr for adults (art. 382 Sv)	the penalty laid down for the minor offence
Single-judge criminal court	one judge	cases that in the initial view of the prosecution service are of a simple nature, including as regards evidence and application of the law (art. 368 Sv)	at most one year’s imprisonment (art. 369(1) Sv)
Full-bench chamber	three judges	heavier and more complex indictable cases	no special limit

Source: Dutch Code of Criminal Procedure, articles 368, 369 and 382, and the Judiciary (Organisation) Act, article 51, wetten.overheid.nl.

The single judge usually gives an oral judgment immediately after the hearing. That is convenient — you know at once where you stand — but it also means the entire defence has to fit into one hearing, often within half an hour to an hour.

The single judge can pass the case on. Article 369(2) Sv provides that they refer the case to the full-bench chamber if they consider that it should hear the case, and that they do so in any event where a hospital order (article 37a Sr) or the ISD measure (article 38m Sr) has to be considered. The reverse also happens: a case that turns out to be straightforward at the full-bench hearing can still be dealt with by the single judge.

Do not think: "it is only the single-judge court." A year in prison is a year. What is more, in that courtroom a claim by the injured party, a driving disqualification or a suspended sentence with special conditions are often also at stake, with consequences that last far longer than the hearing itself.

How does a criminal hearing work, and what is expected of me?

The hearing is public and follows a fixed order: the judge establishes who you are, the public prosecutor reads out the charge, the case is discussed substantively, the victim may speak, the prosecutor demands a sentence, your lawyer pleads, and you have the last word. Nothing more is expected of you than being present and answering what you wish to answer — the right to remain silent applies at the hearing too.

That the hearing takes place in public is set out in article 269(1) Sv; the court may order all or part of the hearing to be held behind closed doors, among other things in the interests of public morals, public order, the interests of minors or the privacy of those involved.

At the end the court decides according to a fixed scheme. First the formal questions in article 348 Sv: is the summons valid, does the court have jurisdiction, is the public prosecutor admissible, and are there reasons to stay the prosecution? Then the substantive questions in article 350 Sv: is it proved that you committed the offence, what criminal offence does that constitute, are you criminally liable, and what penalty or measure is to be imposed? That scheme is the backbone of every plea.

Practical points:

• Be on time and be presentable. It sounds trivial; it is the first thing the judge sees of you.
• Answer the question that is asked. Long digressions cost you the goodwill you need on sentencing.
• Prepare your last word. That is your one unlimited moment. Acknowledgement where it fits, and concretely what you have changed since, does more than a plea about the facts.
• Bring your documents. Proof of work, treatment, a debt arrangement or a stable housing situation should not only be mentioned but submitted.
• Expect to run late. Hearings almost always overrun; take the whole day off.

What penalties and measures can the court impose?

The law provides four principal penalties — imprisonment, detention, a community service order and a fine — plus additional penalties and a range of measures, and the court can nearly always impose these wholly or partly as a suspended sentence. What is realistic in your case depends on the offence, your record and your personal circumstances; sentencing guidelines from the case law give direction, but the court is not bound by them.

The principal penalties are set out in article 9 Sr. Additional penalties are disqualification from certain rights, confiscation and publication of the judgment. Some limits that are often relevant:

Penalty or measure	In essence	Basis
Community service order	unpaid work, at most 240 hours	art. 22c Sr
Fine	six categories, with a statutory maximum per category that is indexed every two years	art. 23 Sr
Suspended sentence	possible in full for prison sentences up to two years, and for part of at most two years where the sentence is between two and four years	art. 14a Sr
Compensation measure	payment to the state for the benefit of the victim, possible in so far as you are liable under civil law	art. 36f Sr
Hospital order (tbs)	where there was a disorder at the time of the offence and the offence carries four years or more, on the advice of at least two behavioural experts from different disciplines, one of whom is a psychiatrist	art. 37a Sr

Source: Dutch Criminal Code, articles 9, 14a, 22c, 23, 36f and 37a, wetten.overheid.nl.

On this page we deliberately give no amounts per fine category and no "usual" sentence levels per offence. Fine amounts are indexed periodically, which quickly dates the figures circulating on the internet. More importantly: the spread within a single type of offence is so wide that an average misleads you rather than helps you.

Where most is to be gained is not in the classification but in the modality. A suspended sentence instead of an unconditional one, a community service order instead of detention, or special conditions that fit in with treatment you are already receiving: that is usually the field on which a criminal case is won or lost.

What does a conviction mean for my criminal record and my certificate of conduct?

A conviction, and a punishment order too, goes onto your criminal record, and that can stand in the way of a certificate of conduct (VOG) — but not every criminal offence blocks every VOG, because what is assessed is whether the offence, if repeated, would stand in the way of the purpose for which the VOG is requested.

The test is set out in the statute. Article 28 of the Judicial Data and Criminal Records Act defines the VOG as a declaration that an investigation into the conduct of the person concerned, having regard to the risk to society in connection with the purpose for which it was requested and after weighing that person’s interest, has disclosed no objections. Article 35(1) Wjsg provides that issue is refused if the criminal records contain a criminal offence which, if repeated, would stand in the way of that purpose in view of the risk to society and the other circumstances of the case. Offences disposed of by a final acquittal are not taken into account (article 35(3) Wjsg).

The standard look-back period in assessing a VOG application is four years, with exceptions where a longer or unlimited period is used — among other things for sexual offences and for certain positions. If relevant data are found within the look-back period, relevant data from outside it are also taken into account in the balancing exercise. Source: Justis, look-back periods and assessment of a VOG application.

The look-back period is something different from the retention period. How long your data remain on the criminal records is governed by article 4 Wjsg and runs for indictable offences in principle from twenty years (for offences carrying less than six years) to thirty years (for six years or more), with extension on a subsequent conviction and considerably longer periods for very serious offences and sexual offences. Your criminal record therefore does not disappear once the VOG look-back period has passed; it simply no longer weighs in the same way.

What this means in practice: accepting a punishment order because "it is only a fine" can cost you a job in healthcare, education, security or the financial sector years later. Weigh the risk of a VOG refusal before you pay, and before you opt at the hearing for a quick disposal — after that the choice has been made.

Appeal in criminal cases: what time limit applies?

An appeal must as a rule be lodged within fourteen days of the final judgment, and you do that by a declaration at the registry of the court that gave the judgment — or through your lawyer, who declares that they are specifically authorised to do so. This time limit is absolute: too late is too late, however strong your case is on the merits.

Article 408(1) Sv ties the fourteen-day period after the final judgment to the situations in which you knew or should have known when the hearing was: the summons was served on you in person, you appeared at the hearing, or some other circumstance arose from which it follows that you knew the hearing date in advance. In other cases, under article 408(2) Sv a period of fourteen days applies after a circumstance has arisen from which it follows that you are aware of the final judgment.

How to lodge an appeal is set out in articles 449 and 450 Sv: a declaration at the registry, or through a lawyer who declares that they are specifically authorised, or through a person authorised in writing by special power of attorney. For a suspect in detention it can also be done by registered letter to that same registry (article 449(2) Sv).

Not every case is open to appeal. For minor offences, under article 404(2) Sv no appeal lies where no penalty or measure was imposed under article 9a Sr, or where no penalty other than a fine of at most € 50 was imposed (for several fines: € 50 in total). It is also the case that you can only appeal in respect of offences of which you have not been fully acquitted.

Source: Dutch Code of Criminal Procedure, articles 404, 408, 449 and 450, wetten.overheid.nl.

In practice: lodge the appeal and decide afterwards. You can still withdraw the appeal later; you cannot restore a period that has expired. The court of appeal hears the case afresh, and that also means the outcome can turn out both better and worse than at first instance. You make that assessment with your lawyer — within the fourteen days.

Driving on after a collision: what exactly is an offence?

What is an offence is not the accident itself, but leaving the scene of the accident while you know or should reasonably suspect that injury or damage has been caused to another — unless you offered a proper opportunity at the scene for your identity to be established. That is the core of article 7 of the Road Traffic Act 1994, and it is precisely why a note under the windscreen wiper with your name and telephone number in principle keeps you outside this prohibition, while driving off without leaving anything does not.

Article 7(1) of the Road Traffic Act 1994 prohibits leaving the scene of the accident where, as the person concerned knows or should reasonably suspect, another person has been killed or injured (sub a), damage has been caused to another (sub b), or an injured person is left in a helpless state (sub c). Subsection 2 contains the exception: the prohibition does not apply to a person who at the scene of the accident offered a proper opportunity for their identity to be established and, if they were driving a motor vehicle, also the identity of that vehicle.

The penalty varies considerably according to the consequence. Under article 176 of the Road Traffic Act 1994, a breach of article 7(1) sub a and c is punishable by up to one year’s imprisonment or a fourth-category fine; a breach of sub b — the variant where only damage was caused — by up to three months’ imprisonment or a third-category fine.

Two neighbouring provisions often come into play in these cases: article 5 of the Road Traffic Act 1994 (causing danger or obstruction on the road) and article 6 of the Road Traffic Act 1994 (negligently causing a road accident resulting in death, serious bodily injury, or injury causing temporary illness or incapacity). The difference between article 5 and article 6 — creating danger as against culpable negligence with injury as its consequence — is in practice the main point of dispute in traffic crime cases, because it determines the sentence and the driving disqualification.

Source: Road Traffic Act 1994, articles 5, 6, 7 and 176, wetten.overheid.nl.

Are you reporting the matter because you were hit yourself and the other party drove on? Report it as soon as possible, note the registration number, colour, make and direction, and ask bystanders for their details. For your own loss there is also a civil track running alongside. If there is injury, the special protection of road accident victims applies; read on about that on our page on non-material damages in personal injury cases.

Juvenile criminal law: what is different for young people?

For anyone who was twelve or older but not yet eighteen at the time of the offence, a separate sanctions regime with its own maxima applies; in addition, the court can apply juvenile criminal law to young adults up to the age of twenty-three. Below the age of twelve, prosecution is not possible.

Article 77a Sr disapplies the ordinary sanctions provisions for twelve to eighteen-year-olds and declares the special provisions of articles 77d to 77gg applicable. The custodial sentence is then called juvenile detention, and the maxima are set out in article 77i Sr: at most twelve months for anyone not yet sixteen at the time of the offence, and otherwise at most twenty-four months.

Article 77c Sr contains adolescent criminal law: for a young adult who was eighteen but not yet twenty-three at the time of the offence, the court can apply juvenile criminal law if it finds grounds for that in the personality of the offender or the circumstances in which the offence was committed. Conversely, in certain circumstances adult criminal law can be applied to a sixteen or seventeen-year-old.

Procedurally, extra safeguards apply. If a minor suspect has been arrested, the legal aid board is notified immediately so that counsel is assigned (article 489(1) Sv) — for juveniles this therefore does not depend on whether the offence permits pre-trial detention. Where a juvenile is placed in police custody, the child protection board is also informed without delay and reports as soon as possible; the public prosecutor takes that report into account before applying for remand in custody (article 490(1) and (2) Sv).

Source: Dutch Criminal Code, articles 77a, 77c and 77i, and Dutch Code of Criminal Procedure, articles 489 and 490, wetten.overheid.nl.

For parents one thing matters: the fact that a juvenile case is dealt with "lightly" does not mean that nothing is recorded. A juvenile conviction or punishment order also goes onto the criminal records and can surface years later on a VOG application. That is precisely why the choice between accepting and mounting a defence deserves a lawyer in juvenile cases too.

My belongings have been seized — will I get them back?

Objects may be seized if they can serve to bring the truth to light or are liable to confiscation or withdrawal from circulation; once that interest no longer exists, the seizure must be ended and the object returned. If the return does not happen, you can file a notice of complaint with the court.

The basis for seizure is set out in article 94 Sv. A notice is drawn up of every seizure and, so far as possible, a receipt is issued to the person from whom the property was seized (article 94(3) Sv). The (assistant) public prosecutor then decides on the continuation of the seizure; if the interest of the criminal proceedings is not or no longer present, they end the seizure and return the object without delay (article 116(1) Sv).

If that does not happen, article 552a Sv provides the route: interested parties can complain in writing about the seizure and about the failure to issue an order for return. The notice of complaint must be filed as soon as possible; if no prosecution has yet been brought, in any event within two years of the seizure (article 552a(4) Sv). If the case is running, the notice of complaint is inadmissible if it is filed more than three months after the prosecuted case has come to an end (article 552a(3) Sv).

Watch out for the waiver. Article 116(2) Sv allows you to waive an object in writing, after which it can be destroyed or returned to someone else. In practice such a declaration is put in front of you quickly, sometimes in the same pile of papers as the rest. Do not sign it without knowing what you are giving away: a car, a phone or cash is in principle gone after that.

I am a victim: reporting, joining a claim and the Compensation Fund

As a victim you can report the offence, join your claim for compensation to the criminal case against the suspect, and for a violent offence apply for a payment from the Violent Offences Compensation Fund — those three tracks can run alongside one another.

Reporting the offence. A report can be made orally or in writing to the competent officer; an oral report is put in writing and signed after being read out, and you receive a copy of the report or of the official record of it (article 163 Sv). If you do not understand or speak Dutch well enough, you are enabled to report in a language you do understand, or you are given linguistic assistance.

Is there no prosecution? Then the directly interested party can complain about that in writing to the court of appeal — including where the prosecution takes the form of a punishment order (article 12 Sv). That is the so-called article 12 procedure.

Joining as an injured party. Anyone who has suffered loss directly as a result of a criminal offence can join their claim for compensation to the criminal proceedings (article 51f(1) Sv); that is also possible for part of the claim. In the event of death or injury, certain surviving relatives and close relations can also join (article 51f(2) Sv). Joining is free of charge, and if the court awards the claim it can in addition impose the compensation measure under article 36f Sr: the convicted person must then pay the state, which passes the amount on to you.

That measure comes with an advance payment scheme. Article 6:4:2(7) Sv provides that where the convicted person has not paid, or not paid in full, eight months after the judgment became final, the state pays the remaining amount to the victim and then recovers it from the convicted person itself. Under article 4:14(2) of the Enforcement of Criminal Decisions Decree a maximum of € 5,000 applies in principle, which falls away for convictions for a range of violent and sexual offences — there the full amount is advanced.

The most important limitation is the disproportionate burden. Article 361(3) Sv provides that the court can declare the injured party wholly or partly inadmissible where hearing the claim would place a disproportionate burden on the criminal proceedings; the claim can then only be brought before the civil court. The District Court of North Holland summarised the criterion as follows: under article 361(3) Sv the court can rule that the claim is wholly or partly inadmissible if hearing it places a disproportionate burden on the criminal proceedings (ECLI:NL:RBNHO:2026:7635). In practice this mainly affects complex personal injury with a dispute about causation or about future loss — exactly the type of case that cannot be sorted out in a one-hour criminal hearing.

The right to speak. For the offences named in article 51e Sv — in short, offences carrying eight years or more, plus a range of specifically named offences — you can make a statement at the hearing. You notify the public prosecutor in writing of your intention to do so before the hearing.

Violent Offences Compensation Fund. If you are the victim of an intentional violent offence with serious injury, you can apply for a payment, even if the offender is unknown or without means. The application period is set out in article 7 of the Violent Offences Compensation Fund Act: ten years from the day the offence was committed (for surviving relatives: ten years from the day of death), with an exception for an application filed as promptly as could reasonably be required. The fund works with six injury categories, with payments of € 1,000, € 2,500, € 5,000, € 10,000, € 20,000 and € 35,000; close relations and surviving relatives receive a fixed amount of € 5,000. It is a payment towards the loss, not full compensation, and it is as a rule set off against what you later receive from the offender.

Is your case also running as a civil matter — for example because there is permanent injury — then read on on our page on non-material damages in personal injury cases, which deals in detail with the heads of loss, the limitation periods and the distinction between bereavement damages and shock damages.

What does a criminal defence lawyer cost? Duty lawyer, legal aid and chosen counsel

If you are arrested, the assistance of the duty lawyer is in principle free of charge; if you choose a lawyer yourself, the cost depends on whether you qualify for state-funded legal aid or pay an hourly rate. The idea that you cannot afford a lawyer in the first few hours is one of the most expensive misconceptions in criminal law.

The basis is set out in article 43 of the Legal Aid Act: in the cases where, under the Dutch Criminal Code or the Dutch Code of Criminal Procedure, counsel is assigned to a suspect by the board of the legal aid board or is assigned by order of the court, that assistance is free of charge. That exemption from charges does not apply to assistance during the interview referred to in article 28d Sv for an offence for which pre-trial detention is not permitted.

One nuance that is rarely mentioned. Article 43(3) Wrb provides that where counsel has been assigned under articles 39, 40 or 41 Sv and the judgment has become final, the board of the legal aid board may claim the amount of the fee from the convicted person whose financial means exceed the amounts referred to in article 34 Wrb. "Free of charge" therefore means: free of charge at the moment you need it, with a possible later demand if you are convicted and have sufficient means.

Form	How it works	What to watch out for
Duty lawyer	assigned by the legal aid board after notification of your arrest (art. 39 Sv)	you can state a preference for a particular lawyer (art. 39(2) Sv)
Assignment on remand in custody or committal	assigned as soon as remand in custody or committal has been ordered or applied for (art. 40 Sv)	the duty assignment ends when police custody ends (art. 39(4) Sv); a new assignment or legal aid assignment is needed for what follows
Legal aid assignment (state-funded legal aid)	through the Legal Aid Board, with an own contribution	income and capital limits; have it applied for in good time
Chosen counsel at an hourly rate	you choose yourself and pay yourself	ask in advance for an estimate of the number of hours per stage and for interim arrangements
Changing lawyer	at the request of the suspect or of counsel, another counsel can be assigned (art. 44(3) Sv)	do that early, not shortly before the hearing

Duty lawyer or chosen counsel? The duty lawyer is a criminal defence lawyer on call who assists you in the first few hours. That is not lesser assistance — but they do not yet know your case and their assignment ends by operation of law with the police custody. If you want one lawyer to handle your case from start to finish, give their name at your arrest, or arrange straight after your release who is taking it over.

When do you definitely need a criminal defence lawyer?

At every arrest, and at every summons or punishment order whose consequences reach further than the amount stated on it. These are the signals where the difference between having and not having expert assistance is greatest.

Signal	Why it counts
You are in detention and an interview is coming	the right to consult counsel and assistance during questioning are decisive precisely here
The prosecution service applies for remand or extended remand	the qualifying cases, the serious objections and the grounds are all open to challenge
Your job requires a certificate of conduct	an apparently minor disposal can affect your profession
There is injury or an injured party	alongside the penalty there is a compensation claim with its own rules
You are a minor or a young adult	juvenile and adolescent criminal law have their own maxima and safeguards
You do not understand Dutch well enough	you are entitled to interpretation and to translation of key documents
Your driving licence is at stake	a driving disqualification often hits your work directly
Belongings have been seized	the complaint procedure has its own time limits
You are considering paying or signing	paying a punishment order means giving up your right to object
You want to appeal	the fourteen-day period is absolute

Mistakes suspects commonly make:

1. Making a statement before you have spoken to a lawyer. This is the mistake that most often turns out to be irreparable afterwards.
2. Waiving legal assistance to "get it over with quicker". The two hours you save often cost you the case.
3. Paying the punishment order. Paying means giving up the power to object (article 257e(1) Sv).
4. Leaving the summons lying around. The case goes ahead, with or without you.
5. Not appearing at the hearing. Your personal circumstances then do not get put on the table.
6. Signing a waiver about seized goods. What is gone is in principle gone.
7. Letting the appeal period expire. Fourteen days, and there is no leniency.
8. Social media. Posts and photos end up in files, years later too.
9. Coordinating with co-suspects. That constitutes a fresh criminal offence and strengthens the suspicion.
10. Thinking a small case has no consequences. The record, the certificate of conduct and the reoffending ground in article 67a Sv work on for years.

Checklist: what to do, and in what order

If you have been arrested:

1. Exercise your right to remain silent and say so.
2. Ask for a lawyer; name one if you have a preference.
3. Read the written statement of rights (article 27c Sv) and keep it.
4. Have someone notified.
5. Note the time of the arrest and of every interview.
6. Say nothing before you have spoken to your lawyer.

If you have been placed in police custody:

1. Discuss with your lawyer what you want to say to the investigating judge.
2. If necessary, ask expressly for release (article 59a(4) Sv).
3. Through your family, gather what supports your personal situation: work, housing, caring duties, treatment.

If you have received a punishment order or a summons:

1. Note the date of receipt and work out the time limit — fourteen days for an objection.
2. Have the document assessed before you pay.
3. Request the case documents.
4. Submit investigation requests in good time.
5. Get your documents ready for the hearing: employment contract, treatment statement, debt arrangement.

After the judgment:

1. Ask straight away exactly what has been imposed and when it becomes final.
2. Decide within fourteen days about appealing; lodge it if necessary and decide afterwards.
3. Have it assessed what the judgment means for your certificate of conduct and for any follow-up proceedings.

About this advice

Arslan Advocaten assists suspects and victims from offices in The Hague, Rotterdam, Amsterdam, Utrecht, Tilburg and Eindhoven. We are available for arrests and interviews, assist you before the investigating judge, in chambers and at the hearing, and handle objections to punishment orders and appeals. Besides Dutch we speak Turkish and Polish.

Call 070 450 0300 or send us your question through the contact form. If you or someone close to you is in detention, call straight away — most of the damage can be prevented in the first few hours.

This page gives general information and is not legal advice about your own case. No rights can be derived from the principles set out here.