Tuesday, July 16, 2019
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Pre-trial detention Cleerdin & Hamer lawyers

An order for pre-trial detention until the trial can only be given if you are suspected of a crime as described in Article 67, paragraph 1 of the Code of Criminal Procedure. The order can also be issued if you do not have a permanent place of residence or residence in The Netherlands and you are suspected of a crime that is punishable by imprisonment. Moreover, it must be apparent that there are serious objections to you.

Pre-trial detention phases

 Pre-trial detention phases

Pre-trial detention consists of two phases: custody (maximum 14 days) and detention (maximum 90 days).

  1. Start of the provisional detention: the detention

If the examining magistrate grants the request from the public prosecutor to hold you for longer, he will issue a custody order. Your pre-trial detention starts with this. According to the law, custody (14 days) starts after the end of the insurance claim.

During custody, you are usually transferred to a custody home. In the district of Amsterdam, you must be transferred to a detention center within 6 days after the detention. If this does not happen within 6 days, you must be released.

  1. The detention

Your detention will end after 14 days. If the public prosecutor believes that you should remain in pre-trial detention, he will ask the court for a detention order well before the end of the detention. The detention, together with the detention, is part of the provisional detention.

Before the court decides on detention, you will be summoned by the judge and you will be heard by the judge. An arrest warrant applies for a maximum of 30 days. The detention may be extended twice in total, both times for a maximum of 30 days, if the public prosecutor so requests.

Interrogated by the court

 Interrogated by the court

Your lawyer will be present at your hearing by the court. The interrogation takes place behind closed doors The Alvingsaats: family and friends cannot be there. The Amsterdam District Court holds these sessions on Monday. You will usually hear the pronunciation the next day. The sessions are very short, usually no longer than 10 minutes per person.

Protest against the detention order

 Protest against the detention order

You can appeal against an arrest warrant, or its extension, to the court of appeal. You have 3 days to do this after the court’s decision. In principle, you can only appeal once. If you have already lodged an appeal against the first detention order, you can no longer do so against an extension of the detention. If you are released, the public prosecutor can protest against this by appealing.

Limitations in contact

Limitations in contact

During the pre-trial detention you may encounter restrictions in certain cases. The sole purpose of these limitations is the importance of investigating your case. During these restrictions you may not have contact with family and / or friends. You may then only be in contact with your lawyer. Your lawyer is also not allowed to pass on messages to family and / or friends, certainly not if these messages are related to your case. If you still want to send a letter during your limitations, this is only possible with the permission of the examining magistrate.

Terminate pre-trial detention

 Terminate pre-trial detention

Premature termination of pre-trial detention

If there are one or more personal circumstances, you can ask the court to release you, even if there are sufficient grounds to hold you longer. In some cases, the court will honor your request for release. The pre-trial detention (detention and detention) is then terminated prematurely. That means you will be released.

Conditions for suspension

If provisional detention is suspended, certain conditions may be attached to the suspension, for example that you are not committing a criminal offense (again), or that you are surrendering your passport. We do not actually have a guarantee in the Netherlands.

Cancellation of pre-trial detention

Cancellation of the provisional detention is final: no conditions can be imposed on you. You can request the cancellation or suspension of pre-trial detention yourself.

If the pre-trial detention is suspended or suspended, this does not mean that the criminal case has ended. It only means that you no longer have to be detained until the judge has made a decision on the charge of the public prosecutor.

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