The examining judge (RC) is the investigating judge in criminal cases who plays a crucial role in the investigative process. This judge supervises the legality of the investigation, 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 within the court who monitors the investigative inquiry and makes decisions that require judicial approval.
Key responsibilities
| Responsibility | Description |
|---|---|
| Assessing coercive measures | Deciding on pre-trial detention of suspects |
| Supervision of investigation | Monitoring investigative techniques |
| Investigative activities | Examining witnesses, house searches |
| Granting permission | Approval for special investigative methods |
Pre-trial detention and custody
A core responsibility of the RC is deciding on the detention of suspects during the investigation.
Pre-trial detention process
- The suspect is brought before the RC
- The public prosecutor requests custody
- The suspect's lawyer argues for release
- The RC decides on detention or release
Witness examination
At the request of the Public Prosecution Service or the defence, the RC may examine witnesses during the investigative phase.
Reasons for examination by the RC
- Possible unavailability of the witness in later phases
- Urgency for truth-finding
- Defence's need to ask questions
- Protection of threatened or [anonymous witnesses](https://rechtshulprotterdam.nl/encyclopedie/anonieme-getuige-strafrecht)
Application for mini-instruction
The defence may request a mini-instruction, in which the RC conducts additional investigation before the case appears in court.
Investigative options
- Examination of witnesses
- Involvement of experts
- On-site inspection
- Confrontation between parties involved
Approval and supervision
The RC grants permission for intrusive investigative methods that may infringe on suspects' rights.
Examples of approvals
- House searches
- Interception of communications
- Collection of DNA material
- Use of special investigative techniques
Role and independence of the RC
The examining judge operates independently of both the Public Prosecution Service and the trial judge.
Characteristics
- Part of the court organisation
- Neutral position in criminal cases
- Control on legality
- Safeguarding of suspects' rights
Differences with the trial judge
| Criterion | Examining Judge | Trial Judge |
|---|---|---|
| Stage | Investigative phase | Trial phase |
| Role | Supervision and investigation | Judgment and ruling |
| Accessibility | Non-public | Public hearing |
Frequently asked questions about the examining judge
When do I deal with an examining judge?
As a suspect in a criminal case, you may deal with an examining judge in decisions on detention or other coercive measures. The RC also plays a role in requests for witness examinations or a mini-instruction by your lawyer, always in the investigative phase.
How does a hearing before the examining judge work?
A hearing before the RC is not public and more informal than a regular trial. The public prosecutor and your lawyer are present. The RC decides on matters such as detention or hears witnesses. You may give your opinion and your lawyer can argue. The decision often follows immediately.
Can I appeal a decision of the examining judge?
Yes, certain decisions of the RC, such as on pre-trial detention, can be appealed to the chamber of the court of appeal. Your lawyer can assist you with this. This must be done within a short timeframe.
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Legal Aid Office Leiden, Stationsweg 46