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Police custody: your rights and the decisions involved

You hear that you are being taken into custody. That is a separate decision within the investigation. Ask which order applies, when it came into effect and what you are suspected of.

Duration: 1:40

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 hear that you are being taken into custody. That is a separate decision within the investigation. Ask which order applies, when it came into effect and what you are suspected of.

Arrest, detention for investigation, detention (detention by the police) and detention (pre-trial detention on the orders of the judge) have different rules. Do not use one general calculation for all phases. Have your lawyer check the specific timeline.

Discuss confidentially with your lawyer why you are being detained and what review is available. The duration of an order and the moment of judicial review are different questions.

Report it if you need medical care or medication, or if you do not understand the explanation. Ask what support can be arranged. Also let your lawyer know about any important problems.

Do you think a term or rule has been violated? Write down the facts and discuss them with your lawyer. Not every mistake automatically leads to release or the end of the criminal case.

Separate arrest, orders and conversations as closely as possible. Ask your attorney what decision might come next and what you need to understand about it.

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

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1:07

What should you do after an arrest?

Arrested in the Netherlands? Ask what you are suspected of. Suspicion does not mean that guilt has been established.

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1:13

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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1:13

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.

Watch the video
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. 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
  3. National government: arrest, detention and follow-upOpens in a new tabrijksoverheid.nlhttps://www.rijksoverheid.nl/themas/recht-veiligheid-en-defensie/overvallen-straatroof-en-woninginbraak/vraag-en-antwoord/rechtspraak-en-geschiloplossing/wat-gebeurt-er-als-ik-word-verdacht-van-een-strafbaar-feit
  4. Rechtspraak: pre-trial detention, judicial pre-trial detention and other phasesOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/onderwerpen/voorlopige-hechtenis

Sources accessed at .

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

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