After an arrest, a suspect in Rijswijk may be placed in custody on remand. This means that the suspect can be detained for up to 3 days for police investigation. What are the conditions and what rights do you have?
What does detention on remand entail?
Detention on remand (ivs) means that a suspect is detained after arrest for investigative purposes. This is laid down in Article 57 et seq. of the Code of Criminal Procedure (Sv).
Key features
| Feature | Details |
|---|---|
| Duration | Maximum 72 hours (3 days) |
| Decision-maker | (Assistant) public prosecutor |
| Reason | Need for investigation |
| Basis | Suspicion of an offence |
When is detention on remand applied?
In Rijswijk, detention on remand may only take place if strict conditions are met.
Conditions for ivs
- There is suspicion of an offence
- The investigation requires detention
- There is a reasonable suspicion
Reasons for investigative interest
The investigative interest may include, among other things:
- Additional interrogation of the suspect
- Preventing the suspect from fleeing
- Limiting contact with witnesses (risk of collusion)
- Conducting technical investigation
How does the procedure proceed?
The procedure for detention on remand in Rijswijk follows a fixed pattern.
Step-by-step plan
- Arrest by the police
- Detention for initial investigation (max. 9 hours, night hours excluded)
- Presentation to the (assistant) public prosecutor
- Official decision on detention on remand
- Detention for a maximum of 3 days
- Possible extension by 3 days under exceptional circumstances
Rights during detention on remand
As a suspect in Rijswijk, you have specific rights during detention on remand.
Overview of rights
| Right | Explanation |
|---|---|
| Lawyer | Right to legal assistance and contact |
| Information | Explanation of the reason for arrest |
| Contact | A family member or acquaintance may be informed |
| Healthcare | Access to a doctor in case of medical necessity |
| Interpreter | Assistance with language problems |
What happens after detention on remand?
At the end of the detention on remand period, various outcomes are possible in Rijswijk.
Possible scenarios
- Release: You are discharged, possibly with a summons
- Preliminary detention: Presentation to the examining magistrate
- Settlement: Direct penal order or transaction
Review by the examining magistrate
If the deprivation of liberty continues, the suspect must appear before the examining magistrate within 3 days and 18 hours, often via the District Court of The Hague.
Assessment points
- Was the detention on remand carried out in accordance with the law?
- Is further detention necessary?
- Are there reasons for release?
Compensation for unlawful detention
If the detention on remand proves to be unlawful, you can apply for compensation in Rijswijk (Article 89 Sv).
Compensation
- Standard amount between €80 and €130 per day
- Submit request to the court
- Possible after acquittal or dismissal of the case
Local information for Rijswijk
For legal support, you can contact the Juridisch Loket Rijswijk. Cases are generally handled by the District Court of The Hague, which covers the district for Rijswijk.