The criminal process encompasses multiple steps, from report to the final judgment. This article provides a clear overview of how a criminal case proceeds in the Netherlands, with specific information for Rijswijk.
Steps in a Criminal Process
A criminal process in the Netherlands can be divided into three main phases.
Overview of the Phases
| Phase | Description | Key Parties |
|---|---|---|
| Investigation Phase | Investigation into a possible offence | Police, specialised investigative authorities |
| Prosecution Phase | Decision on possible prosecution | Public Prosecution Service (OM) |
| Trial Phase | Assessment by the judge | District Court, defendant, lawyer, OM |
Investigation Phase
This phase usually starts with a report or the detection of a criminal offence by the police.
Key Steps
- Report or discovery by authorities
- Police investigation into the case
- Interrogation of those involved and witnesses
- Collection of evidence
- Transfer of file to the OM
Prosecution Phase
In this phase, the Public Prosecution Service determines how the case will be handled.
Decision Options of the OM
- Dismissal: no prosecution (technical or policy-based)
- Penalty Order: impose penalty without judge
- Settlement: agreement with the defendant
- Summons: bring the case before the judge
Trial Phase
Upon summons, the judge handles the case, often at the District Court of The Hague for residents of Rijswijk.
Course of the Hearing
- Start and identity check
- Reading of the charge
- Substantive investigation during the hearing
- Demand of the public prosecutor
- Defence by the lawyer
- Last word of the defendant
- Judgment (immediate or at a later time)
Assessment Criteria of the Judge
The judge follows a fixed scheme with questions (art. 350 CCP).
Procedural Questions
- Is the summons correct?
- Is the judge competent?
- Is the OM admissible?
- Are there grounds for suspension?
Substantive Questions
- Is the fact proven?
- Is the proven fact punishable?
- Is the defendant liable?
- Which penalty or measure is appropriate?
Possible Judicial Decisions
| Decision | Explanation |
|---|---|
| Conviction | Fact proven, defendant guilty |
| Acquittal | Fact not proven |
| Discharge from Prosecution | Fact proven, but not punishable |
| Inadmissibility of the OM | Prosecution not justified |
Remedies after Judgment
- Appeal: hearing at the court of appeal
- Cassation: review by the Supreme Court
- Revision: new hearing on new facts
Frequently Asked Questions about Criminal Law
What does criminal law entail?
Criminal law regulates which acts are punishable and what sanctions apply. It protects society and safeguards the rights of defendants through substantive and procedural law.
What distinguishes substantive from formal criminal law?
Substantive criminal law defines punishable offences and sanctions, while formal criminal law lays down the rules for investigation and trial.
Who enforces criminal law?
The police investigate, the OM prosecutes, and the district court adjudicates. For Rijswijk, this often falls under the District Court of The Hague.
How are the rights of defendants protected?
Criminal law guarantees rights such as the presumption of innocence and a fair trial.
Where can I get legal assistance in Rijswijk?
For advice, you can go to the Juridisch Loket Rijswijk for free or affordable support.