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Your first appearance before the examining magistrate

You are being brought before the examining magistrate. Ask your lawyer which decisions are being considered. Reviewing police custody and ordering pre-trial detention are separate questions.

Duration: 1:34

Further reading and sources

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

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Criminal Law in the Netherlands.

You are being brought before the examining magistrate. Ask your lawyer which decisions are being considered. Reviewing police custody and ordering pre-trial detention are separate questions.

Pre-trial detention ordered by the judge requires its own legal basis. Discuss the allegations, the reasons given for detention and the specific points your lawyer can challenge.

Tell your lawyer which personal circumstances are important. Where possible, substantiate home address, work, treatment or care tasks with reliable documents. A general promise alone provides little guidance.

Can a practical plan limit the risks identified? Discuss possible conditions with your lawyer. Only promise agreements that you can actually keep and for which necessary help is available.

A decision to keep you in custody is not a final ruling on guilt. The investigation and criminal case may continue. Ask what this hearing will and will not address.

Afterwards, ask your lawyer to explain exactly what the judge decided, which conditions or deadlines apply, and what options exist for review.

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

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What should you do after an arrest?

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Your rights during police questioning

Invited for police questioning in the Netherlands? Check your role. This explanation concerns questioning as a suspect, rather than as a witness.

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Received a summons: what happens next?

A Dutch criminal summons calls you to court. The Public Prosecution Service presents an accusation; the judge decides the case.

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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.

  2. Rechtspraak: pre-trial detention, judicial pre-trial detention and other phasesOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/onderwerpen/voorlopige-hechtenis
  3. Rechtspraak: lifting or suspension of pre-trial detentionOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/onderwerpen/voorlopige-hechtenis/procedure-opheffing-of-schorsing-voorlopige-hechtenis
  4. Police: police custody (inverzekeringstelling), duration, legal assistance and legality testOpens in a new tabpolitie.nlhttps://www.politie.nl/informatie/ik-word-inverzekering-gesteld.-wat-houdt-dit-in.html

Sources accessed at .

A source reference does not constitute a legal review of this page.

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