The examining judge (RC) plays a crucial role as investigating judge in criminal cases. This judge oversees the investigation process, makes decisions on coercive measures and carries out specific investigative tasks.
What is the function of the examining judge?
The examining judge is an independent judge who safeguards the legality of the investigative process and makes decisions that require legal review.
Key tasks
| Task | Description |
|---|---|
| Reviewing coercive measures | Deciding on pretrial detention |
| Supervision of investigation | Supervision of investigative techniques |
| Investigative activities | Examination of witnesses, house searches |
| Granting permission | Approval for special investigative methods |
Pretrial detention and custody
A core responsibility of the RC is deciding on the detention of suspects during the investigation.
Process flow
- Production of the suspect
- Application for custody by the prosecutor
- Defence by the lawyer
- Decision RC: detention or release
Examination of witnesses
At the request of the Public Prosecution Service or the defence, the RC may examine witnesses at an early stage.
Reasons for examination by RC
- Possible unavailability of witness later
- Urgency for truth-finding
- Request by defence for interrogation
- Protection of threatened or [anonymous witnesses](https://rechtshulprotterdam.nl/encyclopedie/anonieme-getuige-strafrecht)
Requesting mini-instruction
The defence may request a mini-instruction, whereby the RC conducts additional investigation before the hearing.
Investigative options
- Examination of witnesses
- Analysis by experts
- On-site inspection
- Confrontation between parties involved
Permission and supervision
The RC grants approval for intrusive investigative methods that affect citizens' privacy.
Examples of authorisations
- House search
- Interception of communications
- DNA sampling
- Use of special investigative techniques
Role and independence of RC
The RC operates independently of both the Public Prosecution Service and the trial judge.
Characteristics
- Part of the court
- Not an involved party in the case
- Ensures legality
- Protects the rights of suspects
Differences with trial judge
| Criterion | Examining judge | Trial judge |
|---|---|---|
| Stage | Investigation phase | Trial phase |
| Responsibility | Supervision and investigation | Judgment and ruling |
| Accessibility | Non-public | Public |
Frequently asked questions about the examining judge in Rijswijk
When do I deal with an examining judge?
As a suspect in a criminal case, you may deal with an examining judge (RC) in decisions on pretrial detention or other coercive measures. Also if your lawyer requests a mini-instruction or witness examinations are needed before the hearing, the RC plays a role. This always happens in the investigation phase, before the case is heard by the judge.
How does a hearing before the RC work?
A hearing before the examining judge takes place behind closed doors and is more informal than a regular trial. The public prosecutor and your lawyer are present. The RC can, for example, decide on detention or hear witnesses. You may give your opinion and your lawyer can object. The RC often makes an immediate decision, such as extension of detention or release.
Can I appeal a decision of the RC?
Yes, certain decisions of the examining judge, such as on pretrial detention, can be appealed to the chamber of the court of appeal. Your lawyer can assist you with this. This appeal must be lodged within a short period.
Court: District Court of The Hague (district)
Legal Aid Office: Legal Aid Office Rijswijk