Suspension of pre-trial detention (voorlopige hechtenis) means that you are temporarily released subject to conditions while the order for pre-trial detention remains in place. The court may decide to do so at the request of the suspect, on the application of the Public Prosecution Service (Openbaar Ministerie) or of its own motion. A suspension is not an acquittal and does not end the criminal case.
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The chances of success depend above all on the specific reasons for your detention and on whether conditions can sufficiently limit those risks. Work, children and housing may be important, but a request becomes stronger when those interests are supported by documents and form part of a workable plan. Below you can read what that requires.
Suspension and lifting are different requests
When requesting that the order be lifted (opheffing), the defence asks for the order for pre-trial detention to be ended. That may be appropriate if the statutory conditions for pre-trial detention are no longer met. With a suspension, the order remains in place, but its enforcement is interrupted subject to conditions.
This distinction matters in practice. With a suspension, you must comply with the conditions and the court may revoke the suspension, after which you will be taken back into custody. An order that has been lifted puts you in a different legal position. The terms are sometimes used interchangeably in conversations with family, which creates confusion about what a decision actually means.
A lawyer can examine both options. It is possible to request primarily that the order be lifted and, if the court upholds the order, in the alternative that it be suspended. These are different lines of argument: why detention may no longer legally continue, and why any remaining risks can be managed outside detention.
At what stage can you request suspension
Pre-trial detention comprises remand in custody (bewaring), extended detention (gevangenhouding) and detention ordered by the trial court (gevangenneming). Police custody (inverzekeringstelling) is an earlier, separate stage. A request for suspension of pre-trial detention must fit the stage your case has actually reached and the court that has jurisdiction at that moment.
The examining magistrate (rechter-commissaris) may be involved in the remand in custody. After that, the chambers (raadkamer) of the district court may decide on extended detention and on requests. The question of continued detention or suspension may also come up again while the criminal case is being heard. An ongoing criminal case may include interim hearings at which the investigation is not yet concluded on the merits.
So always ask about the next decision date and about the documents needed before that date. Waiting until family members have put together a complete file may mean that important information arrives too late. The general stages are explained on the page on police custody and pre-trial detention.
What the court looks at when assessing the request
The court considers the legal basis for the pre-trial detention, the interests protected by detention and your personal circumstances. Articles 67 et seq. of the Dutch Code of Criminal Procedure (Sv) set out the conditions for pre-trial detention. Article 80 contains the basis for suspension.
Depending on the case file, the risk of flight, the risk of reoffending or risks to the investigation may play a role, for example. A request must respond to the ground that is actually relied on in your case. A letter from your employer says little about contact with a key witness if interference with the investigation is precisely the reason for detention.
Preparation therefore starts with the existing decision. Which serious indications (ernstige bezwaren) were accepted? Which grounds does the court cite? Which information has changed since then? A new request that merely repeats the same wish offers little basis for a different assessment. New, verifiable circumstances can do so.
A suspension plan must work in practice
A good plan makes clear where you will stay, how you can be reached, what you will do during the day and how you will comply with the restrictions imposed. Where there are risks relating to substance use or recurring behaviour, appropriate supervision or treatment may be explored. In the case of a relationship conflict, a different address may be necessary.
Do not merely state that you can live with a relative. Record who lives there, whether the main occupant agrees and whether the address is compatible with any contact bans or exclusion zones. An address close to a complainant may in fact raise questions. Travel time to work or treatment may also be relevant to whether the plan is feasible.
The plan does not have to remove every uncertainty, but it must contain more than good intentions. Can the supervision actually start? Are there waiting lists? Who is the point of contact? How will transport be arranged? The court must be able to see that the conditions are not only suitable on paper, but also workable from the moment of release.
Which conditions can the court impose
Article 80 Sv attaches general conditions to suspension. These include not evading enforcement if the suspension is revoked or a custodial sentence has to be served. In addition, special conditions may be imposed to suit the situation.
Examples include a reporting obligation, a contact ban, an exclusion zone, residence at a specific address or cooperation with supervision by the probation service (reclassering). In suitable cases, electronic monitoring may form part of the assessment. An electronic ankle tag, however, is not a solution that is automatically available or that removes every ground for detention.
Sometimes security (zekerheidstelling) may be required. A sum of money is not a general requirement for suspension and does not buy a right to release. The court assesses whether the conditions sufficiently address the statutory interests. So discuss a proposal on its merits rather than merely asking how much bail is needed.
Substantiating work and income in concrete terms
An employment contract can show that there is work, but does not automatically tell the court what will happen if detention continues. A recent statement from the employer can explain whether the job can be kept, which working hours apply and when a return to work is possible. Make sure the statement is factual and verifiable.
For a business owner, ongoing obligations, responsibility for staff and the possibility of being replaced may be relevant. Gather information, for example, about essential work and the concrete consequences of absence. A general statement that the business will go bankrupt is less persuasive than a substantiated explanation of the financial and organisational situation.
Work interests are no guarantee of suspension. Many suspects suffer a loss of income because of detention. The question is why your circumstances, combined with suitable conditions, should lead to a different assessment. Moreover, work must not conflict with the conditions, for example where your job requires contact with those involved or access to relevant records.
Care for children and medical circumstances
Do you care for children or a dependent relative on a daily basis? Make clear what care you provide and why others cannot easily take it over. Think of school hours, medical appointments and existing care arrangements. Limit yourself to the information needed for the assessment and protect the privacy of children.
With medical or psychological complaints, concrete substantiation is important. What treatment is needed? What can be provided in detention and where do demonstrable problems arise? A diagnosis alone does not answer those questions. Let your lawyer decide which medical documents are relevant and how they should be submitted with due care.
Here too, a personal interest must be linked to the suspension plan. If treatment outside detention is proposed, it must be clear which provider is available and under what conditions participation is possible. A referral or intake appointment can be useful, but is not yet confirmation that a full programme will start straight away.
The role of the probation service
The probation service can provide information on risks, supervision and the feasibility of conditions. Its advice may therefore be important for a request for suspension. Whether and when a report is drawn up depends on the assignment and the circumstances of the case.
A conversation with the probation service is not a confidential consultation with your own lawyer. Discuss in advance which topics may come up and how you will deal with questions about the suspicion if you dispute it. You can explain your personal circumstances without, on your own initiative, giving an unprepared statement on the substance of the entire case file.
Be realistic about what you can do. Promising that you can report somewhere every day when you have no transport makes a plan vulnerable. The same applies to agreeing to treatment that you in fact cannot or will not follow. A workable proposal is more important than a long list of conditions that causes problems immediately after release.
What can family members do
Family can help by gathering documents and confirming practical arrangements. Preferably agree on a single contact person, so that the lawyer does not receive conflicting information. Note the source and date of each document and have statements signed by the person who actually has the information.
Useful documents include, for example, a statement from the main occupant, contact details of an employer, a confirmation of treatment and an overview of caring responsibilities. Family members do not need to write a legal argument. A short, verifiable explanation of a fact is often more useful than an extensive statement about someone’s character.
Do not approach complainants or witnesses to improve the chances of release. Doing so may in fact create a risk of interference. Messages passed on via the detained person also call for caution. The page on a family member who has been arrested discusses how relatives can offer practical support.
A fictitious example of a targeted request
Suppose a suspect is detained after a conflict with a former partner. The court is concerned about reoffending and unwanted contact. The suspect wants to return to the shared home because his belongings are there. That proposal does not remove the concerns identified and may in fact reinforce them.
A more targeted plan could consist of a confirmed address elsewhere, a clear contact ban, supervision where appropriate and a permitted arrangement for collecting essential belongings. A statement from an employer can also demonstrate a daily structure. The defence explains, for each element, which specific concern it addresses.
This example does not predict an outcome and says nothing about guilt. It shows why the content of the plan matters. The same conditions are not automatically suitable for a financial investigation, a suspicion of drug dealing or a case in which the risk of flight is central. The request must always fit the actual reasons for detention.
What happens if suspension is granted
Read the full decision before you resume your daily life. Check from what moment the suspension applies, which conditions are included and to whom you must report. Have any unclear wording explained immediately. Do not rely on oral summaries from family members or fellow detainees.
Keep the decision and the contact details of your lawyer and any supervisor. Enter reporting times and other obligations in a diary. Ask in advance what you should do if you are ill, cannot make an appointment or unexpectedly run into a person you are prohibited from contacting. Reporting a problem in good time is better than explaining afterwards why you made an exception yourself.
The criminal case continues. You may receive new summonses and must remain reachable. Discuss changes in work, address or treatment before you act. A suspension often depends on precisely those circumstances. If the plan changes in practice, a formal amendment of the conditions may be necessary.
Amending conditions or having a refusal reassessed
Sometimes conditions turn out, over time, to be too broad or unworkable in practice. Think of a changed work schedule or a necessary move. The solution is then a reasoned request for amendment. Until a decision is made on that request, the existing conditions continue to apply.
After a refusal, your lawyer will assess which legal remedies are available and whether a new request makes sense. Not every decision is open to the same form of appeal. The stage of the proceedings and the nature of the decision determine the route. Automatic advice always to lodge an appeal immediately would therefore be incorrect.
A new request may be stronger if an element that was previously missing has since been arranged or if the investigation has progressed. For example, if relevant witnesses have been heard or a concrete supervision plan becomes available. In that case, state precisely what is new and why it changes the earlier assessment.
A short suspension for a special occasion
Sometimes the request is limited to a specific period, for example because of a major family event or an essential personal matter. In that case, too, it must be examined which legal route is appropriate and whether the grounds for detention can be sufficiently addressed. A special occasion does not automatically give a right to an interruption of detention.
Substantiate the purpose, the desired start and end time, the place where you will stay and the way in which you will cooperate with any supervision or monitoring. Also state how transport has been arranged and why your presence is necessary. The court must be able to assess whether the proposal is workable in practice and whether the risk can be acceptably limited during that short period.
Distinguish between a request to the criminal court and options within the enforcement of detention. Not every temporary absence is arranged through the same procedure. Your lawyer can establish who has authority and what information is required. An application to the wrong authority can lose valuable time, especially if the event is taking place soon.
If a short suspension is granted, the exact conditions and return time are essential. Do not assume a tacit extension if transport fails or a gathering runs over. Ask in advance what to do in the event of unexpected problems and keep the relevant contact details. A limited request can only be carried out responsibly if it is clear from the outset how the entire period will proceed.
Frequently asked questions about suspension
Do I have to admit guilt to obtain a suspension?
A confession is not a general statutory condition for suspension. However, a proposed plan must address the risks that the court accepts. Discuss with your lawyer how to safeguard your position in the proceedings and explain your personal circumstances with care.
Will I always be given an ankle tag?
No. Electronic monitoring is not standard and is not suitable or workable in every case. The court decides which conditions are needed. Practical possibilities and any advice from the probation service must also be taken into account.
Can my family pay bail?
Security may, in certain circumstances, form part of a suspension, but it is not a general requirement and does not give an automatic right to release. Above all, the request must make clear how the relevant risks will be limited.
May I travel abroad during a suspension?
That depends on the conditions and your obligations in the criminal case. Do not book a trip until your lawyer has checked whether permission or an amendment is needed. Being reachable and attending procedural steps remain important.
What happens if a condition is breached?
The suspension may be revoked, which means you will be returned to pre-trial detention. Depending on the conduct, other consequences may also follow. If a problem arises, contact your lawyer immediately and do not adjust the scope of a ban yourself.
How long does it take before a decision is made on my request?
There is no fixed processing time that applies to every request for suspension. The stage of the proceedings, urgency, the documents available and the hearing schedule are relevant. Have your lawyer establish when a decision can realistically be obtained in your case and what preparation is needed.
Having a request for suspension prepared
A useful request requires the existing detention decision and a workable plan. Arslan Advocaten can assess which grounds have been accepted, which documents are missing and which conditions suit your situation. See our criminal law assistance or contact us. Please state where the suspect is being held and when the next decision is expected.
Sources
Editorial team and responsible attorney
Editorial team: Arslan Advocaten. Responsible attorney for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information is no substitute for an assessment of your own case.
