From report to judgment: a criminal procedure encompasses multiple stages. This article provides insight into how a criminal case in the Netherlands proceeds, with specific information for Leiden.
Stages of a Criminal Process
A criminal process consists of three main phases.
Summary
| Stage | Description | Main Actors |
|---|---|---|
| Investigation | Investigation into a possible offence | Police, special investigation services |
| Prosecution | Decision on possible prosecution | Public Prosecution Service (OM) |
| Trial | Assessment by the judge | District Court, defendant, lawyer, OM |
Investigation
The process often starts with a report or the detection of a criminal offence.
Key Steps
- Report or discovery by authorities
- Police investigation
- Interrogation of suspects and witnesses
- Collection of evidence
- Report to the Public Prosecution Service
Prosecution
The OM determines how the case is handled.
Decisions of the OM
- Dismissal: no prosecution (technical or policy-based)
- Penal order: imposition of penalty by OM
- Settlement: agreement with defendant
- Summons: bringing the case before the judge
Trial
Upon summons, the judge handles the case, for example at the District Court of The Hague, Leiden location.
Course of the Hearing
- Opening and identity check
- Reading of the indictment
- 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)
Judge's Assessment Criteria
The judge answers four key 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 OM | Prosecution not permitted |
Remedies after Judgment
- Appeal: hearing at the court of appeal
- Cassation: review by the Supreme Court
- Revision: new hearing based on new facts
Frequently Asked Questions about Criminal Law
What does criminal law entail?
Criminal law defines which acts are punishable and what sanctions follow. It protects society and safeguards the rights of defendants.
What distinguishes substantive from formal criminal law?
Substantive criminal law determines punishable facts and sanctions, while formal criminal law regulates the procedures for investigation and prosecution.
Who enforces criminal law?
Police (investigation), Public Prosecution Service (prosecution) and judges (trial) ensure the enforcement of criminal law.
How are the rights of defendants protected?
Criminal law guarantees rights such as the presumption of innocence and a fair trial.
Local Information for Leiden
For criminal cases in Leiden, you can go to District Court of The Hague, Leiden Location. For legal advice, the Leiden Legal Desk is available at Stationsweg 46.