Criminal Procedure Code of the Kingdom of Netherlands (as of 2012) (excerpts)

Code of Criminal Procedure

(excerpts)

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Section 1
Criminal proceedings shall be solely conducted in the manner provided by law.

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Part II. The Suspect or the Defendant


Section 27
[1.]Before prosecution has been initiated, a person shall be regarded as a suspect when a reasonable
suspicion that he is guilty of having committed a criminal offence can be derived from the facts or
the circumstances.
[2.]Thereafter, a person who is being prosecuted shall be regarded as a defendant.
3. The rights conferred on the suspect or the defendant shall also be conferred on the convicted
offender against whom a criminal financial investigation has been instituted or in regard of whom
an irrevocable decision on an application of the Public Prosecution Service, as referred to in
section 36e of the Criminal Code [Wetboek van Strafrecht], has not been rendered.


Section 27a
1. For the purpose of establishing the identity of the suspect, he shall be asked to state his surname,
forenames, place of birth and date of birth, the address at which he is registered in the Municipal
Personal Records Database and his actual place of abode. The establishment of his identity shall
also include an examination of an identity document as referred to in section 1 of the Compulsory
Identification Act [Wet op de Identificatieplicht]. In the cases referred to in section 55c(2) and (3),
the establishment of his identity shall also include taking one or more photographs and
fingerprinting.
2. In cases where the suspect’s fingerprints have been taken and processed in accordance with this
Code, the establishment of his identity shall include for the purpose of verification taking his
fingerprints and comparing these fingerprints to his processed fingerprints. In other cases the
establishment of his identity shall include an examination of an identity document as referred to in
section 1 of the Compulsory Identification Act.


Section 27b
1. Our Minister of Security and Justice shall allocate a criminal law chain number to the suspect
after establishment of his identity, unless he has already been allocated a criminal law chain
number. The criminal law chain number shall not contain any information about the suspect.
2. The criminal law chain number may only be used for the exchange of personal details of suspects
and convicted offenders for the implementation of criminal law and the implementation of the
Foreign Nationals Act 2000 [Vreemdelingenwet 2000] in cases to be designated by Governmental
Decree.
3. The officials and agencies charged with implementing criminal law shall use the criminal law chain
number in the exchange of personal details about suspects and convicted persons with one
another and in the exchange of these personal details with officials who are charged with
implementing the Foreign Nationals Act 2000.
4. The criminal law chain number and other data necessary to establish the identity of suspects and
convicted persons and which is designated by Governmental Decree, shall be processed in the
criminal law chain database. Our Minister of Security and Justice shall be responsible for this
database.
5. Rules pertaining to the processing of the data, referred to in subsection (4), shall be set by or
pursuant to Governmental Decree.


Section 28
[1.]The suspect or the defendant shall have the right to legal representation by one or more defence
counsel of his choice or an assigned defence counsel in accordance with the provisions of the
Third Part of this Code.
[2.]To that end, on each occasion that he requests to speak to his defence counsel, he shall be given
the opportunity to do so as much as possible.


Section 29
[1.]In all cases where a person is being questioned as a suspect or defendant, the judge or officer,
who is conducting the questioning, shall refrain from any act aimed at obtaining a statement which
cannot be said to have been freely given. The suspect or the defendant shall not be obliged to
answer any questions.
[2.]Before the suspect or the defendant is questioned, he shall be informed that he is not obliged to
answer any questions.
[3.]The statement of the suspect or the defendant, in particular those statements that contain an
admission of guilt, shall be included as much as possible verbatim in the official record of the
questioning. The statement referred to in subsection (2) shall be noted in the official record.


Section 29a
1. In all cases where the suspect or the defendant is questioned or is present at any questioning, the
judicial officer shall establish the identity of the suspect or the defendant in the manner referred to
in section 27a(1, first sentence). The judicial officer shall also be authorised to establish the identity
of the suspect or the defendant, referred to in section 27a(2), if there is any doubt about his
identity.
2. The suspect or the defendant shall be obliged, by order of a judicial officer, to provide an identity
document as referred to in section 1 of the Compulsory Identification Act for inspection and to
cooperate with fingerprinting.


Section 30
1. During the preliminary investigation the Public Prosecution Service shall permit the
suspect, at his request, to inspect the case documents.
2. If the public prosecutor fails to provide the case documents for inspection, the examining
magistrate may, on application of the suspect, set a period of time within which the public
prosecutor will provide the case documents to the suspect for his inspection. The
examining magistrate shall hear the public prosecutor before deciding on the application.
3. Nonetheless, the public prosecutor may withhold certain case documents from the suspect,
if required in the interest of the investigation.
4. In the case referred to in subsection (3), the suspect shall be notified in writing of the
incompleteness of the documents provided for his inspection. The suspect may submit a
notice of objection to the examining magistrate within fourteen days after the date of the
notification referred to in subsection (3), and thereafter each time after periods of thirty
days. The examining magistrate shall hear the public prosecutor and shall give the suspect
the opportunity to present his views before taking a decision.


Section 31
Full inspection of the following documents may not be withheld from the suspect:
a. the official records of his questionings;
b. the official records pertaining to questionings or investigative acts, at which he or his
defence counsel had the right to be present, unless and insofar as a circumstance
which, in the interest of the investigation, should not be disclosed to him for the time
being, is mentioned in an official record, and in which connection an order, as referred
to in section 50(2), has been issued;
c. the official records of questioning, whose entire contents were verbally relayed to him.


Section 32
1. The suspect may obtain copies of the documents he is permitted to inspect at the Office of
the Public Prosecution Service or the court registry; however this may not cause any delay
in the investigation.
2. The public prosecutor may determine that copies of certain documents or parts thereof
shall not be provided in the interest of protecting private life or the detection or prosecution
of criminal offences or for compelling reasons of public interest. If documents are added to
the case file during the court hearing, the court determining questions of fact, before which
the case is being prosecuted, may, ex officio or on application of the public prosecutor or
of the suspect or the injured party, decide in accordance with the preceding sentence.
3. In the case referred to in subsection (2, first sentence), the suspect shall be notified in
writing that copies of certain documents or parts thereof shall not be provided to him.
4. The suspect may submit a notice of objection to the examining magistrate within fourteen
days after the date of the notification referred to in subsection (3). The examining
magistrate shall hear the public prosecutor before taking a decision.
5. Rules pertaining to the provision of copies and extracts and the manner in which the case
documents may be inspected shall be set by Governmental Decree.


Section 33
Subject to the provisions of section 149b, the inspection of all original case documents or
copies thereof may not be withheld from the suspect as soon as the summons to appear
before the court of first instance has been served on him or a punishment order has been
issued.


Section 34
1. The suspect may request the public prosecutor to add to the case documents specifically
described documents that he considers relevant for the assessment of the case. The
request shall be made in writing and shall be reasoned.
2. With a view to substantiating his request, the suspect may request the permission of the
public prosecutor to inspect the documents referred to in subsection (1).
3. If the public prosecutor fails to give a decision on the adding of the documents or their
inspection, the examining magistrate may, on application of the suspect, set a period of
time within which a decision has to be taken. The examining magistrate shall hear the
public prosecutor and the suspect before taking a decision on the application.
4. The public prosecutor may refuse to add the documents or provide them for inspection if
he is of the opinion that the documents cannot be deemed to be case documents or if he
considers this to be irreconcilable with one of the interests referred to in section 187d(1).
He shall require written authorisation for that purpose, to be granted by the examining
magistrate on his application.


Section 35
[1.]The court which is called upon to render any decision in the case, shall be authorised to give the
suspect the opportunity to be heard in the case.
[2.]An application to that effect from the suspect shall be complied with, unless the interest of the
investigation prohibits such.
[3.]Section 23(4) shall apply.


Section 36
[1.]If prosecution is discontinued, the court of first instance, before which the case was last
prosecuted, may declare, on application of the suspect or at the proposal of the examining
magistrate pursuant to section 180, that the case is closed.
[2.]The court may reserve its decision on the application at any time for a certain period if the Public
Prosecution Service adduces evidence demonstrating that the matter will still be prosecuted.
3. Before the court gives its decision, it shall call the directly interested party, who is known to the
court, in order to hear this party’s views on the suspect’s application.
4. The decision given in chambers shall be promptly served on the suspect.

 

Part III. The Defence Counsel
General Provision


Section 37
Only those lawyers who are registered in the Netherlands may be admitted as defence counsel. The
persons referred to in section 16b or 16h of the Lawyers Act [Advocatenwet], if they collaborate with a
defence counsel registered in the Netherlands in accordance with the provisions of sections 16 or 16j
respectively of the Lawyers Act , shall also be admitted.


Chapter One. Choice of Defence Counsel
Section 38
[1.]The suspect shall have the right to choose one or more defence counsel at all times.
[2.]The suspect’s legal representative shall also have the right to choose one or more defence
counsel .
[3.]If the suspect is not capable of expressing his will in this respect and he does not have a legal
representative, then his spouse or civil registered partner or the most suitable of his relatives by
consanguinity or affinity, up to and including the fourth degree, may make this choice.
[4.]The defence counsel chosen under subsections (2) or (3) shall step down as soon as the suspect
has chosen a defence counsel himself.


Section 39
[1.]The chosen defence counsel shall, if the public prosecutor is already involved in the case, give
written notice of his appointment in this capacity to the clerk to the court. If that is not the case,
then he shall give written notice of his appointment to the assistant public prosecutor involved in
the case.
[2.]If he replaces a chosen or assigned defence counsel, he shall also give notice thereof in
accordance with the provisions of the preceding subsection.
[3.]The clerk to the court shall promptly notify in writing the contents of any notice addressed to him in
accordance with this section to the Public Prosecution Service, and in addition, if he conducts
any investigative acts by virtue of sections 181 to 183 inclusive, the examining magistrate,
and, in the case of the preceding subsection, the replaced defence counsel.
[4.]This notice shall terminate the services of the assigned or previously chosen defence counsel who
has been replaced.


Chapter Two. Assignment of Defence Counsel


Section 40
1. The board of the Legal Aid Council [Raad voor Rechtsbijstand] may assign the provision, in
rotation, of legal aid to suspects taken into police custody to registered lawyers who have
expressed their willingness to provide such services.
2. If a defence counsel, who has been granted such an assignment under the preceding subsection,
is available for the provision of legal aid to a suspect taken into police custody, then he shall act as
his defence counsel for the duration of the police custody. The public prosecutor or an assistant
public prosecutor shall promptly inform the defence counsel of the police custody.
3. In cases where there is no defence counsel available to provide legal aid in accordance with the
provisions of the preceding subsections, the public prosecutor or the assistant public prosecutor
shall promptly notify the District Court thereof. This court shall instruct the board of the Legal Aid
Council to assign defence counsel to the suspect for the duration of the police custody.
4. The instructions and notifications referred to in this section shall be given in accordance with the
provisions to be set by Our Minister of Security and Justice.
5. Subsections (2) and (3) shall not apply if the suspect has a chosen defence counsel.
6. The defence counsel assigned under subsection (2) or (3) shall also act as defence counsel for the
suspect when the District Court hears the appeal of the public prosecutor as referred to in section
59c.


Section 41
1. The board of the Legal Aid Council shall assign a defence counsel to the suspect who does not
have a defence counsel:
a. where his remand in custody or arrest has been ordered, or, if the suspect was not taken into
police custody, where his remand in custody or arrest was ordered ex officio by the presiding
judge of the District Court;
b. where appeal is filed against the final judgment rendered at the court of first instance and it is a
case for which his pre-trial detention has been ordered ex officio by the presiding judge of the
Court of Appeal.
[2.]The Public Prosecution Service shall promptly notify the presiding judge of the District Court, or of
the Court of Appeal, that an order under subsection (1) is required.


Section 42
[1.]The board of the Legal Aid Council shall, on application of the suspect, assign him a defence
council, where he - other than under a police custody order - has been deprived of his liberty by
law and prosecution has been initiated against him, unless the duration of the deprivation of liberty
cannot or shall not prejudice his defence.
[2.]The presiding judge of the District Court, or the presiding judge of the Court of Appeal, before
which the case must be tried, shall be authorised to order the assignment of a defence counsel in
accordance with the preceding subsection.
3. Insofar as assignment of defence counsel is not provided for in another manner by law, the board
of the Legal Aid Council may, on application of the suspect, assign him a defence counsel in
accordance with the provisions of section 44 of the Legal Aid Act [Wet op de Rechtsbijstand].


Section 43
1. The assignment of a defence counsel, other than under section 40, shall be made for the entire
period that the criminal proceedings are conducted before one court.
2. Assignment of a defence counsel to a person who is detained under a pre-trial detention order
shall be free of charge at every court.


Section 44
1. The suspect shall be informed of his right to apply for assignment of defence counsel:
a. in the case of any investigation by the examining magistrate, by this examining magistrate or
by the person whom the examining magistrate has charged to hear the suspect at the first
hearing;
b. in the case of appeal or appeal in cassation, by the clerk to the court.
2. Moreover, on service of the summons up to the first questioning by the examining magistrate
who conducts investigative acts under sections 181 to 183 inclusive, of the summons at the
court session, of notice of further prosecution, of an appeal or appeal in cassation filed by the
Public Prosecution Service, and of notice of the date of the hearing of the appeal in cassation, the
right of the suspect to apply for assignment of a defence counsel shall be stated in the judicial
letter whose issue effects such service.


Section 45
[1.]In the absence or nonappearance of the assigned defence counsel, a new defence counsel shall
be assigned to the suspect if necessary.
[2.]On application of the assigned defence counsel or of the suspect, a new defence counsel may be
assigned.
3. A new defence counsel shall be assigned by the board of the Legal Aid Council which assigned
the defence counsel to be replaced. In the event that the defence counsel was assigned by order
of a judicial authority, the replacement shall be made after issue of an order to that effect from that
authority.
4. If the defence counsel’s absence or nonappearance only becomes apparent at the court session,
the presiding judge shall order assignment of another defence counsel.


Section 46
[1.]The assigned defence counsel may have another defence counsel replace him for the conduct of
certain activities.
[2.]If the assigned defence counsel gives a mandate in accordance with the preceding subsection,
because he would otherwise have to provide legal aid in the district of a District Court other than
the one in which he is registered, and the defence counsel who replaces him is registered in that
district, then the latter, in regard of the replacement, shall be deemed to be the assigned defence
counsel.


Section 47
Each assignment of defence counsel made by the board of the Legal Aid Council shall be promptly
notified, in the manner to be determined by Our Minister of Security and Justice, to the Public
Prosecution Service, the defence counsel, the suspect and also, in the event he conducts
investigative acts under sections 181 to 183 inclusive, the examining magistrate.


Section 48
Rules pertaining to the remuneration of assigned defence counsel - including lawyers who act as
defence counsel in accordance with section 40(1) and (2) - and the reimbursement of their expenses
incurred, and, if necessary, pertaining to the manner of its determination by the court, may be set by
Governmental Decree. In addition to this, it may be stipulated in these rules that judicial decisions on
said matters will not be open to appeal and appeal in cassation.


Section 49
[1.]If a defence counsel is assigned, his remuneration and reimbursement may be recovered from the
suspect’s property, insofar as is considered desirable by Our Minister of Security and Justice.
Rules pertaining to the calculation of the amount of the remuneration or the reimbursement may be
set by Governmental Decree.
[2.]Recovery shall be made only with the authorisation of said Minister by force of a writ of execution
to be issued by the presiding judge of the court to be designated by Governmental Decree, in the
manner to be determined therein. Recovery may no longer be made if three months have expired
since the date of the writ of execution.

Chapter Three. The Rights of Defence Counsel in regard of Communication with the Suspect
and Inspection of the Case Documents


Section 50
1. The defence counsel shall have free access to the suspect who has been deprived of his liberty by
law and may confer with him in private and exchange letters with him which may not be inspected
or read by others, under the required supervision and subject to the internal rules and regulations,
and such access may not cause any delay in the investigation.
2. If specific circumstances give rise to the strong suspicion that the free flow of information between
the defence counsel and the suspect will serve either to inform the suspect about any
circumstance which, in the interest of the investigation, he should not be informed about for the
time being or is abused in attempts to impede the finding of the truth, then during the preliminary
investigation the public prosecutor may order each time that the defence counsel shall not have
access to the suspect or be permitted to confer with him in private and that letters or other
documents exchanged between the defence counsel and the suspect shall not be handed out. The
order shall describe the specific circumstances referred to in the preceding sentence; it shall not
restrict the free flow of information between the defence counsel and the suspect any greater or
any longer than is required by these circumstances, and shall, in any case, be in effect for
maximum six days. The defence counsel and the suspect shall be notified in writing of the order.
3. The public prosecutor shall promptly submit the order for the decision of the District Court to which
he is attached. The District Court shall decide as soon as possible after having heard the defence
counsel, or at any rate having given him written notice to appear before it. The District Court may
revoke, amend or supplement the order in its decision.
4. All restrictions on the free flow of information between the defence counsel and the suspect, which
are ordered under one of the preceding subsections, shall end as soon as the summons has been
served on the suspect.


Section 50a
1. In the event an order as referred to in section 50 is issued, the public prosecutor or the examining
magistrate shall promptly notify the presiding judge of the District Court thereof. This judge shall
promptly assign a defence counsel to the suspect.
2. The defence counsel assigned under subsection (1) shall act in such capacity for as long as the
order is in effect and insofar as the free flow of information between the defence counsel and the
suspect is restricted as a result thereof.


Section 51
In regard of the right of the defence counsel to inspect the case documents and receive copies
thereof, sections 30-34 shall apply mutatis mutandis. The defence counsel shall promptly receive
copies of all documents disclosed to the suspect under this Code, subject to the provisions of
section 32(2).

Part IV. Several Special Coercive Measures

Chapter One. Arrest and Police Custody


Section 52
Any investigating officer shall have the power to establish the identity of the suspect in the manner
referred to in section 27a(1, first sentence), and to stop and question him for that purpose.


Section 53
[1.]If the suspect is caught red-handed, any person may arrest the suspect.
[2.]In such case the public prosecutor or the assistant public prosecutor shall be authorised to take the
suspect, after his arrest, to a location for questioning; he may also order his arrest or arraignment.
[3.]If the arrest is made by another investigating officer, then this officer shall be responsible for
ensuring that the arrested person is brought before the public prosecutor or one of his assistant
public prosecutors as soon as possible.
[4.]If the arrest is made by another person, then this person shall promptly hand over the arrested
person to an investigating officer, subject to the surrender of objects that may have been seized to
this officer, who in that case shall act in accordance with the provisions of the preceding
subsection and, where necessary, section 156.


Section 54
[1.]The public prosecutor shall also be authorised to arrest a suspect, who is not caught red-handed,
for any criminal offence for which pre-trial detention is permitted and to take him to a location for
questioning; he may also order his arrest or arraignment.
[2.]If action on the part of the public prosecutor cannot be awaited, then the same authority shall be
conferred on each of his assistant public prosecutors. The assistant public prosecutor shall
promptly notify the arrest in writing or verbally to the public prosecutor.
[3.]If action on the part of one of the assistant public prosecutors cannot be awaited either, then any
investigating officer shall have the power to arrest the suspect, subject to the obligation to ensure
that he is promptly brought before the public prosecutor or one of his assistant public prosecutors.
The second sentence of the preceding subsection shall apply to the assistant public prosecutor
before whom the suspect is brought.
4. The power to arrest a suspect, who is not caught red-handed, shall be conferred on a person in the
public service of a foreign state who exercises in the Netherlands the right of cross-border pursuit
in the manner permitted under international law, subject to the obligation to treat the arrested
person in the manner specified in subsection (3).


Section 55
[1.]In cases where the suspect is caught red-handed in the commission of a criminal offence, any
person may, for the purpose of arresting the suspect, enter any place, with the exception of a
dwelling without the consent of the occupant and the places referred to in section 12 of the
General Act on Entry into Dwellings [Algemene Wet op het Binnentreden] (Bulletin of Acts and
Decrees 1994, 572).
[2.]Any investigating officer may enter any place for the purpose of arresting the suspect, irrespective
of whether the suspect is caught red-handed or not.


Section 55a
1. In cases where the suspect is caught red-handed in the commission of a criminal offence or where
he is suspected of having committed a serious offence as defined in section 67(1), any
investigating officer may search any place for the purpose of arresting the suspect. Save in the
case of urgent necessity, the investigating officer must be authorised by the public prosecutor for
that purpose. In the latter case the public prosecutor shall be promptly informed of the search.
2. If the public prosecutor has authorised an investigating officer to search of a dwelling without the
consent of the occupant for the purpose of arresting the suspect, the investigating officer
concerned shall not be required to have an authorisation, as referred to in section 2 of the General
Act on Entry into Dwellings, in order to enter that dwelling.


Section 55b
1. The civil servants designated by or pursuant to section 141 as well as specific categories of other
persons charged with the detection of criminal offences designated by Our Minister of Security
and Justice shall have the power to search the clothing of a suspect stopped for questioning or
arrested, and to examine the objects he is carrying on him and with him, insofar as is necessary for
the establishment of his identity.
2. The civil servants, referred to in subsection (1), shall exercise the powers referred to in subsection
(1) in public only where such is reasonably necessary in order to prevent disposal of or damage to
objects which could establish the suspect’s identity.
3. They shall prepare an official record of the exercise of the powers, referred to in subsection (2),
which shall be provided to the public prosecutor.


Section 55c
1. The civil servants, referred in section 141, and the police officers, referred to in section 3(1)(b) of
the Police Act 1993 [Politiewet 1993], who are also special investigating officers as referred to in
section 142, shall establish the identity of the arrested suspect in the manner referred to in section
27a(1, first and second sentence).
2. The civil servants, referred to in subsection (1), shall take one or more photographs and
fingerprints with a view to establishing the identity of a suspect who has been arrested for a
serious offence as defined in section 67(1) or who is being questioned on account of a serious
offence as defined in section 67(1) without having been arrested. The fingerprints shall be
compared to the fingerprints of suspects processed under this Code and, if the suspect is believed
to be a foreign national, with fingerprints processed in accordance with the Foreign Nationals Act
2000.
3. The public prosecutor or the assistant public prosecutor shall order that one or more photographs
and fingerprints shall be taken of any suspect, other than the suspect referred to in subsection (2),
whose identity is in doubt. Subsection (2, last sentence) shall apply mutatis mutandis.
4. The photographs and fingerprints, referred to in subsections (2) and (3), may also be processed for
the prevention, detection, prosecution and trial of criminal offences and the establishment of the
identity of a body.
5. Rules pertaining to the processing of photographs and fingerprints, referred to in subsections (2)
and (3), shall be set by or pursuant to Governmental Decree.


Section 56
1. The public prosecutor or the assistant public prosecutor before whom the suspect is brought or
who has personally arrested the suspect, may, in the case of serious suspicions against this
person, determine that the suspect’s body or clothing will be searched in the interest of the
investigation.
2. The public prosecutor may determine in the case of serious suspicions against the suspect that he
will undergo a body cavity search in the interest of the investigation. A body cavity search shall
mean: external examination of the orifices and cavities of the lower body, X-ray, echography and
internal manual examination of orifices and cavities of the body. The body cavity search shall be
conducted by a medical doctor. The search shall not be conducted if this would be undesirable for
special medical reasons.
3. The searches referred to in subsections (1) and (2) shall be conducted at a private location and,
insofar as is possible, by persons of the same sex as the suspect.
[4.]The other investigating officers shall have the power to search the clothing of the arrested person
against whom there are serious suspicions.


Section 57
[1.]The public prosecutor or the assistant public prosecutor before whom the suspect is brought or
who has personally arrested the suspect, may, after having questioned him, order that he remain
at the disposal of the justice authorities during the investigation and for that purpose be taken into
police custody at a location indicated in the order. Police custody shall be ordered in the interest of
the investigation, which shall also be understood to mean in the interest of presenting notifications
about the criminal case to the suspect in person.
[2.]The suspect shall have the right to have a defence counsel present during questioning. The
defence counsel shall be given the opportunity to make such comments as he sees fit during
questioning.
[3.]The public prosecutor or the assistant public prosecutor, who issues the order, shall prepare an
official record of the questioning. This official record shall be added to the case documents.
[4.]The assistant public prosecutor shall promptly notify the public prosecutor of his order.
[5.]The public prosecutor shall order the release of the suspect as soon as the interest of the
investigation permits. If the sole remaining interest of the investigation is presenting a notification
about the criminal case to the suspect in person, this notification shall be presented as soon as
possible and the suspect shall then be released.


Section 58
1. The police custody order shall only be issued in the case of a criminal offence for which pre-trial
detention is permitted.
2. The police custody order shall only be in effect for a maximum of three days. In the case of urgent
necessity, the public prosecutor may extend it one time for a maximum of three days.
3. The assistant public prosecutor shall order the release of the suspect as soon as the interest of the
investigation permits. Otherwise, he shall propose an extension of the police custody to the public
prosecutor. The public prosecutor may order that the suspect be brought before him for
questioning.


Section 59
1. The police custody order or its extension shall be dated and signed. The order may also be signed
by an assistant public prosecutor by order and on behalf of the public prosecutor who issued the
order.
2. It shall specify as precisely as possible the criminal offence, the grounds on which it is issued and
the specific circumstances that led to the assumption of these grounds.
3. The suspect shall be designated by his name, and if his name is not known, he shall be described
as clearly as possible.
4. A copy of the order shall be promptly presented to him.
5. The director of the Probation and After-Care Service Foundation shall be promptly notified of the
police custody order.
6. The police station shall serve as a facility for police custody. In special cases the public prosecutor
may order that the police custody will take place in a detention centre.


Section 59a
1. The suspect shall be arraigned before the examining magistrate in order to be heard not later than
within three days and fifteen hours, to be calculated as from the time of arrest.
2. The examining magistrate shall promptly set, after having received an application to that effect
from the public prosecutor, the time and place at which the suspect is to be arraigned before him
and he shall notify the public prosecutor, the suspect and the defence counsel thereof.
3. The suspect shall have the right to have a defence counsel present. The defence counsel shall be
given the opportunity to make such comments as he sees fit during the arraignment. The public
prosecutor may be present at the arraignment and make such comments as he sees fit.
4. The suspect may request the examining magistrate to release him at the arraignment.
5. If the examining magistrate finds that the suspect’s arrest was unlawful, he shall order his release.
Otherwise, the examining magistrate shall note his decision in the official record of arraignment or,
if the suspect has requested his release, the examining magistrate shall reject the request. The
examining magistrate shall certify the decision.
6. The decision shall be dated, signed and reasoned. The examining magistrate shall promptly send
the decision to the public prosecutor and the suspect.


Section 59b
Section 59a shall no longer apply as soon as the suspect has been released by the public prosecutor
or the assistant public prosecutor under section 57(5) or section 58(3).


Section 59c
1. The public prosecutor may file an appeal with the District Court against the examining magistrate’s
decision ordering the immediate release of the suspect under section 59a(5) within fourteen days
thereafter.
2. The suspect shall be heard, or at any rate properly called to appear before the court, unless the
District Court immediately dismisses the appeal. The District Court may order that he be forcibly
brought to court.
3. The District Court shall render a decision as soon as possible. The decision given in chambers
shall be reasoned and shall be notified in writing to the public prosecutor and the suspect.


Section 60
The public prosecutor before whom the suspect is brought or who personally arrested the suspect,
shall, if he is of the opinion that he should be remanded in pre-trial detention, promptly arrange his
arraignment before the examining magistrate.


Section 61
1. If the suspect is not taken into police custody in accordance with section 57 nor arraigned before
the examining magistrate in accordance with section 60, he shall be released, unless he is
detained for investigative purposes for maximum six hours by order of the public prosecutor or the
assistant public prosecutor before whom the suspect was brought or who personally arrested the
suspect. The suspect shall be questioned while he is being detained for investigative purposes.
2. If the suspect is detained for the purpose of establishing his identity and he is suspected of a
criminal offence for which pre-trial detention is not permitted, the period of six hours referred to in
subsection (1) may be extended one time for a maximum of six hours by order of the public
prosecutor or the assistant public prosecutor before whom the suspect was brought or who
personally arrested the suspect.
3. Detention as referred to in subsections (1) and (2) shall take place in the interest of the
investigation, which shall also be understood to mean in the interest of presenting notifications
about the criminal case to the suspect in person.
4. In the calculation of the periods of time referred to in subsections (1) and (2), the time between
midnight and nine a.m. shall not be included.
5. The extension order shall be dated and signed.
6. The order shall contain a brief description of the criminal offence suspected and the facts or
circumstances on which the suspicion is based.
7. The suspect shall be designated by his name, and if his name is not known, he shall be described
as clearly as possible.
8. A copy of the order shall be promptly presented to him.
9. If the sole remaining interest of the investigation is presenting a notification about the criminal case
to the suspect in person, this notification shall be presented as soon as possible and the suspect
shall then be released. In that case subsection (4) shall not apply.


Section 61a
1. Measures to be taken against the suspect detained for investigative purposes may be ordered in
the interest of the investigation. Such measures may include, inter alia:
a. taking photographs and making video recordings;
b. taking measurements and prints of palms, feet, toes, ears and shoes;
c. using a one-on-one or line-up identification procedure;
d. using a sniffer dog test;
e. shaving or cutting off moustache, beard or head hair or letting them grow;
f. wearing certain clothing or certain items for the purpose of a one-on-one or line-up
identification procedure;
g. placement in an observation cell;
h. checking for gunshot residue on the suspect’s body.
2. The measures listed in subsection (1) may only be ordered in cases where the suspect is
suspected of having committed a serious offence as defined in section 67(1).
3. Further rules pertaining to the use of measures in the interest of the investigation may be set by or
pursuant to Governmental Decree.
Section 61b [Repealed as of 01-03-2002]
Section 61c [Repealed as of 01-03-2002]


Section 62
1. The suspect taken into police custody shall not be subjected to any restrictions other than those
that are absolutely necessary in the interest of the investigation and in the interest of order.
2. Without prejudice to the provisions of section 50, measures to be taken against the suspect,
referred to in subsection (1), may be ordered in the interest of the investigation. Such measures
may include inter alia, in addition to the measures listed in section 61a(1)(a) to (h) inclusive:
a. restrictions on receiving visitors, telephone communications, exchanging letters and providing
newspapers, reading matter or other data carriers, or other measures relating to the stay in the
context of the deprivation of liberty;
b. transfer to a hospital, or another institution where medical supervision is guaranteed, or a stay
in a cell equipped for that purpose under medical supervision.
3. The treatment of suspects taken into police custody and the requirements the facilities designed for
police custody have to meet shall be determined by Governmental Decree in accordance with
principles to be set by or pursuant to the law.
4. If as a result of the notification referred to in 59(5) a report is prepared, the public prosecutor shall
read that report before submitting an application for remand in custody.
5. If the measures, referred to in subsection (2)(a), are taken against the suspect, he shall be
informed of the possibility of objection included in section 62a(4).


Section 62a
1. The public prosecutor may order measures to be taken in the interest of the investigation.
2. If action on the part of the public prosecutor cannot be awaited, then during the period of detention
for investigative purposes and the police custody the authority referred to in subsection (1), except
for the authority to issue an order to take the measure referred to in section 61a(1)(e), shall be
conferred on the assistant public prosecutor who ordered the detention for investigative purposes
or the police custody.
3. The director of the detention centre, if the suspect is detained in such a facility, and otherwise the
person to be designated in the order, shall be responsible for the enforcement of the order.
4. The suspect may file a notice of objection against the order, as referred to in section 62(2)(a), to
the District Court or, if the order is issued in the context of pre-trial detention, to the court that rules
on the continuation of the pre-trial detention. The order shall not be enforced pending the judicial
decision, unless the person who issued the order considers immediate enforcement to be
absolutely necessary in the interest of the investigation.


Chapter Two. Pre-Trial Detention


§ 1. Pre-Trial Detention Orders
Section 63
[1.]The examining magistrate may, on application of the public prosecutor, issue an order remanding
the suspect in custody. The public prosecutor shall promptly notify the defence counsel, in writing
or verbally, of the application.
[2.]If the examining magistrate immediately finds that there are no grounds to issue such an order, he
shall reject the application.
[3.]Otherwise, before taking a decision, he shall hear this suspect on application of the public
prosecutor, unless the prior hearing of the suspect cannot be awaited, and he may for that purpose
order that he be summoned to appear before him, where necessary with an attached order to
forcibly bring him.
[4.]The suspect shall have the right to have a defence counsel present when he is arraigned before
the examining magistrate. The defence counsel shall be given the opportunity to make such
comments as he sees fit during the arraignment.


Section 64
1. The order remanding the suspect in custody shall be in effect for a period to be set by the
examining magistrate, subject to a maximum of fourteen days, which shall take effect as from the
time of enforcement.
2. As soon as the examining magistrate or the public prosecutor is of the opinion that the grounds on
which the order for remand in custody was issued no longer exist, he shall order the release of the
suspect.
3. The public prosecutor may file an appeal with the District Court against the decision ordering the
immediate release of the suspect given by the examining magistrate under subsection (2) within
fourteen days thereafter.


Section 65
[1.]The District Court may, on application of the public prosecutor, order the remand detention of the
suspect who is remanded in custody. The suspect shall be heard prior to issuing such order,
unless he has declared in writing that he waives his right to be heard. The District Court or the
presiding judge, may, notwithstanding such declaration, order that the suspect be forcibly brought
to court.
2. Except for the case of section 66a(1), the District Court may, ex officio or on application of the
public prosecutor, after the start of the court hearing, order the arrest of the suspect. Where
advisable, the District Court shall hear him beforehand; it is authorised for that purpose to order
that he be summoned to appear, where necessary with an attached order that he be forcibly
brought to court.
3. The District Court may also issue a warrant of arrest, if this is necessary in order to obtain the
extradition of the suspect.


Section 66
[1.]The warrant of arrest or the remand detention order shall be in effect for a period to be set by the
District Court, subject to a maximum of ninety days, which shall take effect as from the time of
enforcement.
2. When the order is issued at the court session, or the hearing has started within the period of time
set under subsection (1), the order shall remain in effect for a period of sixty days after the date of
the final judgment.
[3.]The period during which the order is in effect may be extended by the District Court maximum two
times, on application of the public prosecutor, before the start of the court hearing, on the
understanding that the term of the warrant of arrest or the remand detention order together with its
extension shall not exceed a period of ninety days. The suspect shall be given the opportunity to
be heard on the application. In the case of suspicion of a terrorist offence, the term of the warrant
of arrest or the remand detention order may be extended, after ninety days, by periods that do not
exceed ninety days for a maximum period of two years. In that case an application for extension
shall be heard in public.
[4.]The first three subsections of this section shall apply mutatis mutandis to extension orders in
accordance with the preceding subsection.


Section 66a
1. When the term of validity of the warrant of arrest or the remand detention order expires, the public
prosecutor may apply as soon as possible, also before the start of the court hearing, for the arrest
of the suspect who has not yet been released, if
a. the public prosecutor has failed to submit the application for extension on time,
b. the conditions for the imposition of pre-trial detention still exist, and
c. the pre-trial detention order was issued on the basis of suspicion of a serious offence which
carries a statutory term of imprisonment of at least eight years.
2. The District Court shall give the suspect, who is present at the court session, the opportunity to be
heard on the application.
3. The application for arrest shall be promptly served on the suspect, who is not present at the court
session, in person. The District Court shall not take a decision before it has heard, or at any rate
properly called the suspect to appear before it. It may order that the suspect be forcibly brought to
court.
4. The District Court shall render a decision on the application within 24 hours after its submission.
The suspect shall not be released pending the decision on the application for arrest.
5. If a summons has not yet been issued, the provisions of subsection (2) to (4) inclusive shall be
applied by the court in chambers.
6. The periods of time, referred to in sections 75(3) and 282, shall apply mutatis mutandis.


Section 67
[1.]A pre-trial detention order may be issued on the basis of suspicion of:
a. a serious offence which carries a statutory term of imprisonment of at least four years;
b. any of the serious offences defined in sections 132, 138a, 138ab, 138b, 139c, 139d(1) and (2),
141a, 161sexies(1)(1°) and (2),137c (2), 137d(2), 137e(2), 137g(2), 184a, 254a, 248d, 248e,
285(1), 285b, 300(1), 321, 323a, 326c(2), 350, 350a, 351, 395, 417bis and 420quater of the
Criminal Code;
c. any of the serious offences defined in:
section 122(1) of the Animal Health and Welfare Act [Gezondheids- en Welzijnswet voor
Dieren];
section 175(2)(b) or (3) in conjunction with (1)(b) of the Road Traffic Act 1994;
section 30(2) of the Civil Authority Special Powers Act [Wet Buitengewone Bevoegdheden
Burgerlijk Gezag];
sections 52, 53(1) and 54 of the Conscientious Objections against Military Service Act [Wet
Gewetensbezwaren Militaire Dienst];
section 31 of the Betting and Gaming Act [Wet op de Kansspelen];
section 11(2) of the Opium Act [Opiumwet];
section 55(2) of the Weapons and Ammunition Act [Wet Wapens en Munitie];
sections 5:56, 5:57 and 5:58 of the Financial Supervision Act [Wet op het Financieel Toezicht];
section 11 of the Temporary Home Exclusion Order Act [Wet Tijdelijk Huisverbod].
2. The order may also be issued if it cannot be established that the suspect has his permanent place
of residence or abode in the Netherlands and he is suspected of a serious offence which is tried by
the District Courts and which carries a statutory term of imprisonment.
[3.]The preceding subsections of this section shall apply only if it can be shown on the basis of facts
or circumstances that there are serious suspicions against the suspect.
4. In derogation of subsection (3), serious suspicions shall not be required for a remand in custody
order in the case of suspicion of a terrorist offence.


Section 67a
[1.]An order may be issued under section 67 only if:
a. it can be shown on the basis of certain acts of the suspect or certain circumstances that
personally affect him that he poses a serious risk of flight;
b. it can be shown on the basis of certain circumstances that compelling reasons of public safety
require the immediate deprivation of liberty.
2. In the application of the preceding subsection, a compelling reason of public safety may be taken
into account only if:
1°.the suspicion exists that the suspect has committed an offence which carries a statutory term of
imprisonment of at least twelve years and that offence has deeply rocked the legal order;
2°. there is a serious risk that the suspect will commit a serious offence:
which carries a statutory term of imprisonment of at least six years or which may jeopardise the
safety of the State or the health or safety of persons, or create a general danger to property;
3°. If the suspicion exists that the suspect has committed any of the serious offences defined in
sections 285, 300, 310, 311, 321, 322, 323a, 326, 326a, 350, 416, 417bis, 420bis or 420quater
of the Criminal Code, whereas five years have not yet expired since the date on which the
suspect was convicted of any of these serious offences in a final judgment and sentenced to a
punishment or measure involving deprivation of liberty, to a measure involving restriction of
liberty or to community service or community service was imposed on him by an irrevocable
punishment order and there is a serious risk that the suspect will again commit any of these
serious offences;
4°. if the pre-trial detention may be reasonably considered necessary in order to establish the truth
by methods other than through the suspect’s statements.
[3.]A pre-trial detention order may not be issued if the possibility has to be seriously taken into
account that, if convicted, the suspect will not be sentenced to unconditional imprisonment or a
measure involving deprivation of liberty, or that enforcement of the order would deprive the suspect
of his liberty for a longer period than the term of the punishment or measure.
4. An irrevocable conviction, as referred to in subsection (2)(3°), shall also mean an irrevocable
conviction for similar offences rendered by a criminal court in another member state of the
European Union.


Section 67b
1. If during enforcement of the pre-trial detention the public prosecutor initiates prosecution or
proceeds further with prosecution of an offence other than the one specified in the pre-trial
detention order or exclusively in regard of an offence related to the offence specified in that order
and pre-trial detention may be ordered for that other offence, he may request in the application for
remand detention or its extension that the pre-trial detention be ordered jointly or solely for that
other offence.
2. If the application referred to in subsection (1) is granted, the other offence shall be deemed to be
included in the specification referred to in section 78(2).
3. After service of the summons in the criminal proceedings at the court of first instance, no other
offences shall be included in the specification.
4. Sections 77 and 78 shall apply mutatis mutandis.


Section 68
1. The period during which a pre-trial order is in effect shall not run during the period that the suspect
has evaded the further enforcement of the order or has been deprived of his liberty by law for other
reasons. If at the time of issuance of the pre-trial detention order the suspect is serving a custodial
sentence, then enforcement of the punishment shall be stayed by operation of law for as long as
the order is in effect. In that case the time spent in pre-trial detention shall be deducted as far as
possible from that sentence.
2. When a notice of objection is filed in accordance with section 262 within the period of time referred
to in subsection (1, first sentence), the order shall remain, - without prejudice to the provisions of
section 66(2), - in force until thirty days have expired since the date on which an irrevocable
decision was rendered on the notice of objection.
3. In the event that the District Court, in accordance with the provisions of section 262, has
postponed the start of the court hearing, the District Court may determine, on application of the
public prosecutor, that the pre-trial detention order shall remain in effect for a period of time to be
set by it, subject to a maximum of thirty days, with effect from the date on which the term of validity
of the warrant of arrest or the remand detention order expired.
4. If after postponement of the start of the court hearing, a notice of objection is filed against the
notice of summons and accusation in accordance with the provisions of section 262(1), subsection
(2) shall apply mutatis mutandis.


Section 69
[1.]The District Court may revoke the pre-trial detention order. It may do so ex officio or on application
of the suspect, or - insofar as a warrant of arrest or a remand detention order is involved - on the
proposal of the examining magistrate or on application of the public prosecutor.
[2.]On the occasion of the suspect’s first application for revocation of the pre-trial detention order, he
shall, unless the District Court immediately decides to grant the application, be heard, or at any
rate be called to be heard, on the application.
[3.]Pending the decision of the District Court on an application or a proposal for revocation of a
warrant of arrest or a remand detention order, the public prosecutor may order the release of the
suspect. If the District Court dismisses the application or proposal, the further enforcement of the
order shall be promptly carried out.


Section 70
[1.]If the public prosecutor gives the suspect notice of a decision to discontinue prosecution of an
offence for which pre-trial detention has been imposed, any pre-trial detention order shall be thus
revoked by operation of law and this shall be stated in the notice. The notice shall be served on the
suspect.
[2.]If the notice is given solely on the grounds that the public prosecutor is of the opinion that the
District Court lacks jurisdiction and that another court does have jurisdiction, then he may
determine that the order will remain in effect for another three days after this notice is given. This
shall be stated in the notice.


Section 71
1. The suspect may file an appeal with the Court of Appeal against the decision taken by the District
Court to issue a warrant of arrest or a remand detention order not later than three days after the
enforcement. The period of time referred to in section 408(1) shall not apply.
2. The suspect may file an appeal against an order extending the remand detention within the same
period, but only if he did not file an appeal either against the remand detention order or a previous
extension order. This restriction shall not apply if on extension of the remand detention order the
offence specified in the order was supplemented or amended in accordance with the provisions of
section 67b(1).
3. In the event that the District Court, other than on application of the public prosecutor, has revoked
the pre-trial detention order, the public prosecutor may file an appeal with the Court of Appeal
against this decision given in chambers not later than fourteen days thereafter.
4. The Court of Appeal shall render a decision as soon as possible. The suspect shall be heard, or at
any rate shall be called to be heard.


Section 72
1. In the case of decisions declaring lack of jurisdiction or stopping the prosecution, which have been
given in chambers, the pre-trial detention order shall be revoked.
2. In the case of a declaration of lack of jurisdiction, the court may, if it finds that another court does
have jurisdiction to try the offence, determine that the order will remain in effect for another six
days after its decision becomes final.
3. The pre-trial detention order shall be revoked in all final judgments - subject to the provisions of
subsection (6) and section 17(2) - , if, neither a custodial sentence of a longer duration than the
time the suspect has already spent in pre-trial detention nor a measure which involves or can
involve unconditional deprivation of liberty has been imposed on him in regard of the offence for
which that order was issued.
4. If the duration of the unconditional custodial sentence imposed exceeds the time already spent in
pre-trial detention by less than sixty days and a measure which involves or may involve
unconditional deprivation of liberty has not been imposed, the pre-trial detention order shall,
without prejudice to the provisions of section 69, be revoked in the final judgment with effect from
the time that the duration of this detention is equal to that of the punishment.
5. In the application of subsections (3) and (4) of this section, the time spent in pre-trial detention
shall include the time during which the suspect was held in police custody.
6. The court may determine in its final judgment declaring the summons null and void that this order
shall remain in effect during a period to be set by it, subject to a maximum of thirty days, with effect
from the date of the final judgment, if that order has been issued on suspicion of a serious offence
which carries a statutory term of imprisonment of at least eight years. If an appeal is filed against
the final judgment, the order shall remain in effect until thirty days have expired since the date on
which an irrevocable decision on the appeal has been rendered. Sections 66(2) and 67a(3) shall
apply mutatis mutandis.


Section 72a
1. The suspect may file an appeal with the Court of Appeal against the decision of the District Court
referred to in section 72(6) not later than three days after the judgment.
2. The Court of Appeal shall render a decision as soon as possible. The suspect shall be heard, or at
any rate shall be called to be heard.


Section 73
1. Subject to the provisions of section 72(4), pre-trial detention orders and those orders revoking
them shall be immediately enforceable.
2. A pre-trial detention order shall take effect at the time of the suspect’s arrest for the purpose of
enforcement of that order or at the time the enforcement of another order involving deprivation of
liberty, issued in the same case, expires.


Section 74
If the Court of Appeal or the Supreme Court is called to render any decision before appeal has been
filed against the final judgment, the revocation of the pre-trial detention order shall also be ordered, if
this follows from the decision.


Section 75
1. After appeal has been filed against the final judgment, the warrants of arrest, the remand detention
orders or their extension shall be issued by the highest court determining questions of fact.
Sections 65(2), 66(2) and 67 to 69 inclusive shall apply mutatis mutandis to these orders. An order
based on section 67 may also be issued or extended on the grounds that a punishment or
measure involving deprivation of liberty for a period at least equal to the time spent by the suspect
in pre-trial detention after extension was imposed in the disputed judgment.
2. Except for the cases referred to in section 66a(1), warrants of arrest may only be issued before the
start of the court hearing if serious suspicions have arisen against the suspect. Serious suspicions
may also include a convicting judgment rendered by the previous court determining questions of
fact.
3. An order, which remains in effect under section 66(2), may be extended by the highest court
determining questions of fact by maximum one hundred and twenty days before the appeal court
hearing, on application of the Public Prosecution Service. The term of validity of such order may be
extended twice, on the understanding that the duration of the warrant of arrest or the remand
detention order together with its extension shall not exceed a period of one hundred and eighty
days, to be calculated as from the date of the final judgment rendered at the court of first instance.
The suspect shall be given the opportunity to be heard on the application.
[4.]Until the start of the court hearing at the highest court determining questions of fact, the pre-trial
detention may be extended only if an unconditional custodial sentence was imposed at the
previous court determining questions of fact and the duration of the enforcement of this sentence is
at least equal to the time spent by the suspect in pre-trial detention after extension, or if a measure
which entails or can entail unconditional deprivation of liberty has been imposed. The pre-trial
detention may nevertheless be extended, where appeal is filed against a final judgment which
contains a declaration of lack of jurisdiction and stipulates that the pre-trial detention order shall
remain in effect.
[5.]After the final judgment is rendered by the highest court determining questions of fact, the order
shall remain in effect, without prejudice to the provisions of the last subsection of this section, until
the judgment has become absolute. If a final judgment, as referred to in subsection (4, last
sentence) is quashed, the court may determine that the order shall remain in effect in accordance
with section 72(6).
[6.]Except for the cases provided for in section 72, the highest court determining questions of fact
shall revoke the order with effect from the date on which the duration of the time spent in pre-trial
detention is equal to the duration of the enforcement of the unconditional custodial sentence,
unless a measure that entails or can entail unconditional deprivation of liberty has been imposed.
[7.]In the application of subsections four and six of this section, the time spent in pre-trial detention
shall include: the time during which the suspect was held in police custody.
[8.]If the Supreme Court remits or refers the case in accordance with section 440(2), the order shall
remain in effect for thirty days thereafter, without prejudice to the provisions of subsection (6).


Section 76
In the case of pre-trial detention, sections 62 and 62a shall apply mutatis mutandis.
§ 2. The Hearing of the Suspect remanded in Pre-Trial Detention


Section 77
[1.]If the suspect is not verbally informed that a pre-trial detention order is to be issued against him
during his questioning, he shall be heard within twenty-four hours after his admission to the place
where he is to be held in pre-trial detention.
[2.]During the preliminary investigation this hearing shall be conducted by the examining magistrate;
after the start of the hearing at the court of first instance, by a member of the District Court to be
designated by it; after appeal has been filed against the final judgment, by a member of the highest
court determining questions of fact to be designated by this court.
[3.]A record of the hearing, including the hearing conducted by the member of the District Court or of
the Court of Appeal designated for that purpose, shall be prepared, subject to the application
mutatis mutandis of sections 171-176.
§ 3. Contents of Orders and Their Service

Section 78
[1.]The pre-trial detention order or the order for extension of its term of validity shall be dated and
signed.
[2.]It shall specify as precisely as possible the criminal offence in regard of which the suspicion has
arisen and the facts or circumstances on which the serious suspicions against the suspect are
based, as well as the conduct, facts or circumstances which show that the conditions set in section
67a have been met.
[3.]The suspect shall be designated by his name, - or, if his name is not known, he shall be described
as clearly as possible - in the order.
[4.]The order may also state, in connection with the special personal circumstances of the suspect,
the place where he is to be held in pre-trial detention.
[5.]It shall be served on the suspect before or upon enforcement.


Section 79
The orders revoking a pre-trial detention order and the decision whereby such revocation is refused,
shall be promptly served on the suspect.
§ 4. Suspension of Pre-Trial Detention


Section 80
1. The court may - ex officio, on application of the Public Prosecution Service or of the suspect –
order that the pre-trial detention be suspended as soon as the suspect has stated, whether or not
subject to the provision of security in the form to be designated by the court, that he is prepared to
comply with the conditions to be attached to the suspension. The application of the Public
Prosecution Service or of the suspect shall be reasoned.
2. The conditions for suspension shall always include:
1°. that the suspect, if revocation of suspension should be ordered, shall not evade the
enforcement of the pre-trial detention order;
2°.that the suspect, in the event he should be sentenced for the offence, for which pre-trial
detention was ordered, to a punishment other than a default custodial sentence, shall not
evade its enforcement;
3°. that the suspect, insofar as conditions concerning the suspect’s conduct are attached to the
suspension, shall cooperate with fingerprinting for the purpose of establishing his identity or
provide an identity document, as referred to in section 1 of the Compulsory Identification Act,
for inspection.
3. The provision of security to ensure compliance with the conditions shall consist either of the
payment of cash equivalents by the suspect or a third party or of the undertaking given by a third
party as surety. In the latter case a written letter of intent from the surety shall be submitted
together with the application.
4. The suspect and the surety shall be given the opportunity to be heard on the application referred to
in subsection (1). The court may decline to hear the suspect and the surety, if the application is not
reasoned and also, if the suspect has already been heard on an application for suspension.
5. The court shall determine for which amount and in which way security is to be provided in its
decision.
6. In the supervision of compliance with the conditions pertaining to the conduct of the suspect, the
identity of the suspect shall be established in the manner referred to in section 27a(1, first
sentence) and (2).
7. In cases where leave may be granted under the provisions set by or pursuant to the Custodial
Institutions (Framework) Act [Penitentiaire Beginselenwet], this section shall not apply.


Section 81
1. The court may, ex officio or on application of the Public Prosecution Service or of the suspect,
amend the decision granting suspension.
2. If a new surety is proposed, a written letter of intent from this surety shall be submitted together
with the application.


Section 82
[1.]The court may, ex officio or on application of the Public Prosecution Service, order suspension at
all times.
[2.]Before issuing such order, the court shall hear the suspect where possible and may order that he
be summoned to appear for that purpose, where necessary with an attached order to forcibly bring
him to court.


Section 83
[1.]If the suspension is revoked on account of failure to comply with the conditions then in the decision
revoking the suspension, the court may also declare that the security will fall to the State. If the
security consists of an undertaking given by the surety, then in that case he will be ordered in that
decision to pay the amount set as security to the State, which amount may also be recovered from
him by means of detention for failure to comply with a judicial order.
[2.]The decision shall be deemed to be an irrevocable decision of the civil court and shall be enforced
as such.
[3.]The maximum term of detention for failure to comply with a judicial order shall be set in the
decision and in the case of proven inability to pay shall in no event exceed six months, save for
resumption, if the convicted offender is able to pay the sum owed by him at a later date.
[4.]If the suspect, after revocation of the suspension, evades enforcement of the pre-trial detention
order, the security shall be declared to fall to the State, if this has not already been done. The
security shall also be declared to fall to the State, even if revocation of the suspension has not
been ordered, if the suspect fails to comply with the condition referred to in section 80(2)(2°). The
decision shall be given ex officio or on application of the Public Prosecution Service. The
preceding subsections shall apply.


Section 84
[1.]If the suspect fails to comply with the conditions, or if specific circumstances demonstrate the
existence of the risk of flight, his arrest may be ordered by the Public Prosecution Service which is
authorised to apply for revocation of the suspension and by the public prosecutor attached to the
District Court of the district in which the suspect is, subject to the obligation, as far as the lastmentioned
civil servant is concerned, to promptly notify the first-mentioned Public Prosecution
Service.
[2.]If it still considers the arrest made to be necessary, it shall promptly submit its application to the
court, which shall render a decision within two times twenty four hours.


Section 85
If it is no longer necessary to continue the provision of security, the court shall order, ex officio or on
application of the Public Prosecution Service or of the suspect or his surety, where necessary after
hearing the suspect and his surety, that the paid cash equivalents be returned to the person who has
provided the security, or that his undertaking be revoked.

Section 86
1. All judicial decisions under this section shall be taken by the court authorised - either at first
instance, or in appeal - to order or revoke the pre-trial detention, or to decide on the extension of
its duration.
2. The suspect shall have the right to have a defence counsel present when he is arraigned before
the examining magistrate. The defence counsel shall be given the opportunity to make such
comments as he deems fit during the arraignment.
3. In the case of revocation of the pre-trial detention order, the court shall also order the return of the
paid cash equivalents to the person who provided the security, or the revocation of his
undertaking.
4. The decisions shall be promptly served on the suspect and his surety.
5. The decisions of suspension and the decisions revoking or amending such decisions shall be
immediately enforceable.


Section 87
[1.]The public prosecutor may file with the District Court or the Court of Appeal an appeal against the
decisions of suspension or the decisions amending such a decision given by the examining
magistrate or by the District Court in chambers respectively, not later than within fourteen days
thereafter.
[2.]The suspect who has applied for suspension or termination of pre-trial detention to the District
Court, may file one time with the Court of Appeal an appeal against a decision rejecting that
application not later than three days after service. The suspect who has filed an appeal against a
decision rejecting an application for suspension, may not file an appeal thereafter against a
decision rejecting an application for termination. The suspect who has filed an appeal against a
decision rejecting an application for termination, may not file an appeal thereafter against a
decision rejecting an application for suspension.
[3.]A decision shall be rendered on the appeal as soon as possible.


Section 88
Where reference is made in this section to suspension, this shall also mean postponement.

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