Pre-trial detention involves the deprivation of liberty of a suspect prior to a conviction. This is a severe measure that may only be applied under strict rules.
Definition of Pre-Trial Detention
Pre-trial detention means that a suspect is held in custody pending the criminal proceedings. This includes both police custody and pre-trial imprisonment.
Stages of Pre-Trial Detention
| Phase | Duration | Decision-Maker |
|---|---|---|
| Police Custody | Maximum 14 days | Examining Magistrate |
| Pre-Trial Imprisonment | Maximum 90 days | Court Chamber |
| Extension | Maximum 90 additional days | Court Chamber |
Conditions for Application
Pre-trial detention is only applied in cases of serious suspicions and where there are compelling reasons.
Applicable Cases (art. 67 CCP)
- Offences punishable by 4 years or more
- Specific offences such as threats or assault
- No fixed residence or domicile in the Netherlands
Reasons for Detention (art. 67a CCP)
- Risk of Flight: High chance that the suspect will flee
- Risk of Evidence Tampering: Chance that the suspect will tamper with evidence
- Risk of Recidivism: Risk of repetition of serious offences
- Disruption of Legal Order: In cases of very serious offences punishable by 12 years or more
Process of Pre-Trial Detention
The process involves multiple phases that are carefully followed.
Steps in the Procedure
- Appearance before the examining magistrate (within 3 days and 18 hours after arrest)
- Decision on police custody by examining magistrate
- Application for pre-trial imprisonment by the Public Prosecutor's Office
- Decision on pre-trial imprisonment by court chamber
- Regular review of necessity
Suspension of Detention
The judge may decide to suspend the detention subject to certain conditions.
Possible Conditions for Suspension
- Obligation to report to the police
- Prohibition on contact with victims or witnesses
- Prohibition on entering certain areas
- Payment of bail
- Surrender of passport
- Obligation to wear an ankle bracelet
Rights of the Suspect
| Right | Explanation |
|---|---|
| Lawyer | Right to unrestricted access to a lawyer |
| Visits | Right to visits, sometimes with restrictions |
| Correspondence | Right to mail, possibly monitored |
| Access to File | Right to access case documents |
| Regular Review | Periodic review of continuation of detention |
Deduction of Pre-Trial Detention
The period in pre-trial detention is deducted from any eventual prison sentence (art. 27 CC).
Compensation for Unlawful Detention
In case of acquittal or discontinuation of the case, you can apply for compensation for the time spent in detention.
Details on Compensation
- Amounts between €80-€130 per day, depending on circumstances
- Application via art. 89 CCP
- Request to be filed within 3 months after final judgment
Local Information for Rijswijk
For matters concerning pre-trial detention in Rijswijk, you fall under the Rechtbank Den Haag. For legal support, you can go to the Juridisch Loket Rijswijk for advice and guidance.