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How does a Dutch criminal case proceed?

A Dutch criminal case does not always follow the same route. Identify the decision you have received and the appropriate response.

Duration: 1:15

Further reading and sources

This video summarizes the main points. The full article provides more detail, exceptions and official sources. The information concerns adult suspects and does not replace advice about your case.

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Criminal Law in the Netherlands.

A Dutch criminal case does not always follow the same route. Identify the decision you have received and the appropriate response.

Police investigate under the authority of the Public Prosecution Service. An investigating judge has a separate role in particularly intrusive measures.

The case file contains statements and investigation results. Discuss missing documents and possible further investigation requests with your lawyer.

The prosecutor may dismiss the case, issue a penalty order or summon you to court. Read the actual decision carefully.

At the hearing, the prosecution presents its position and the defence responds. The judge independently assesses the case and decides.

After judgment, discuss its consequences and possible legal remedies. Have the options and deadlines for an appeal checked without delay.

Read the full explanation on the Criminal Law in the Netherlands website.

Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. Judiciary: criminal proceedings for adultsOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/organisatie-en-contact/rechtsgebieden/strafrecht/procedures/strafrechtelijke-procedure
  2. Judiciary: position of a suspectOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/naar-de-rechter/rol-in-rechtszaak/u-wordt-verdacht-van-een-strafbaar-feit/verdachte-in-een-strafzaak
  3. Public Prosecution Service: authority over the investigation and compilation of the fileOpens in a new tabom.nlhttps://www.om.nl/onderwerpen/b/beleidsregels/aanwijzingen/opsporing---politie/aanwijzing-opsporingsbevoegdheden-2014a009
  4. Public Prosecution Service: settlement of a criminal caseOpens in a new tabom.nlhttps://www.om.nl/organisatie/organisatie-van-het-om/het-werk-van-het-om/strafzaak
  5. National government: sentencing by the Public Prosecution ServiceOpens in a new tabrijksoverheid.nlhttps://www.rijksoverheid.nl/documenten/vraag-en-antwoord/straffen-en-maatregelen/mag-het-openbaar-ministerie-om-zelf-een-straf-opleggen
  6. Public Prosecution Service: opposition to a criminal orderOpens in a new tabom.nlhttps://www.om.nl/onderwerpen/s/strafbeschikking/verzet
  7. Judiciary: pre-trial detention and pro forma hearingsOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/onderwerpen/voorlopige-hechtenis
  8. Judiciary: types of criminal courtsOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/organisatie-en-contact/rechtsgebieden/strafrecht/soorten-strafrechters
  9. Judiciary: preparation for a visit to the courtOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/naar-de-rechtbank
  10. Public Prosecution Service: the roles and order in the courtroomOpens in a new tabom.nlhttps://www.om.nl/organisatie/organisatie-van-het-om/het-werk-van-het-om/in-de-rechtszaal
  11. Judiciary: mediation in criminal casesOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/onderwerpen/mediation/mediation-in-strafzaken
  12. Judiciary: punishments and sentencingOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/organisatie-en-contact/rechtspraak-in-nederland/rechters/strafrechter
  13. Judiciary: appeal in criminal casesOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/naar-de-rechter/hoger-beroep/strafzaak
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