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Mental health care during pre-trial detention

Mental health problems can worsen in custody. Tell staff and the medical service what is happening. If the situation is urgent, ask for immediate help rather than waiting for a legal complaint.

Duration: 1:35

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Criminal Law in the Netherlands.

Mental health problems can worsen in custody. Tell staff and the medical service what is happening. If the situation is urgent, ask for immediate help rather than waiting for a legal complaint.

Explain symptoms, medication and previous treatment. Ask how necessary information from your treating professional can reach the medical service through an appropriate care route.

Healthcare, an expert assessment for the criminal case and a decision about continued detention have different purposes. Ask which professional or authority is responsible for each question.

Your lawyer can discuss the significance of your health for the case or a request concerning detention. Medical problems do not automatically end detention or replace a medical assessment.

Discuss which medical information is necessary for treatment and which may be relevant to a legal request. Avoid distributing an entire medical history without understanding its purpose.

Record requests, responses and ongoing problems. Ask about the appropriate complaint route if necessary. Continue seeking medical assessment when care is needed, especially if your condition worsens.

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. DJI: medical service, intake, necessary care and consent for data from previous healthcare providersOpens in a new tabdji.nlhttps://www.dji.nl/justitiabelen/onderwerpen/gezondheidszorg-aan-justitiabelen/justitiabelen-met-somatische-zorg
  2. RSJ: various professional routes, including medical action after mediation by the head of medical service and medical advisorOpens in a new tabrsj.nlhttps://www.rsj.nl/documenten/vraag-en-antwoord/rechtspraakprocedure/wanneer-is-beroep-mogelijk-bij-de-raad-voor-strafrechtstoepassing-en-jeugdbescherming-rsj
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