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What happens at a pro forma hearing?

Your case is listed for a pro forma hearing. This is usually not the final hearing on the merits. Ask your lawyer what will be discussed and why the investigation is still ongoing.

Duration: 1:37

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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.

Your case is listed for a pro forma hearing. This is usually not the final hearing on the merits. Ask your lawyer what will be discussed and why the investigation is still ongoing.

Discuss which studies or documents are still missing. Ask what significance they have for your case. A general announcement that the investigation is continuing does not yet indicate what step should be taken.

Even without a substantive final hearing, the judge can decide on pre-trial detention or suspension. Prepare the relevant facts and any feasible suspension plan with your lawyer.

A next court date and a decision about your freedom are different outcomes. Let both be explained separately. Do not assume that a postponement of the case automatically means release.

Note which investigation will follow and who is responsible for it. Discuss whether the defense still needs to make specific requests. A request for investigative steps must be explained in a sufficiently clear and substantiated manner.

After the hearing, ask what exactly the judge has decided about investigation, planning and freedom. Save the decision and discuss the next practical and legal step with your lawyer.

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

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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: adult criminal proceedingsOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/organisatie-en-contact/rechtsgebieden/strafrecht/procedures/strafrechtelijke-procedure
  3. Rechtspraak: pre-trial detention, judicial pre-trial detention and other phasesOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/onderwerpen/voorlopige-hechtenis
  4. 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
  5. Supreme Court, July 1, 2014, ECLI:NL:HR:2014:1496: witness requests and direction; readable with later rechtspraakOpens in a new tabuitspraken.rechtspraak.nlhttps://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2014:1496

Sources accessed at .

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

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