The examining judge (RC) plays a crucial role as investigating judge in criminal cases. This judge oversees the investigative process, 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 who monitors the investigative inquiry and makes decisions that require legal review.
Key tasks
| Task | Description |
|---|---|
| Reviewing coercive measures | Deciding on pretrial detention |
| Supervision of investigation | Checking investigative methods |
| Investigative activities | Interrogating witnesses, house searches |
| Granting permission | Approval for special powers |
Pretrial detention and custody
A core responsibility of the RC is deciding on the detention of suspects during the investigation.
Process steps
- The suspect is brought before the RC
- The public prosecutor requests custody
- The defence counsel pleads for the suspect
- The RC determines whether custody is necessary or release follows
Interrogation of witnesses
At the request of the Public Prosecution Service or the defence, the RC may interrogate witnesses during the investigative phase.
Reasons for interrogation by the RC
- The witness may not be available later
- Speed is essential for truth-finding
- The defence wishes to put questions to the witness
- Concerns a threatened or [anonymous witness](https://rechtshulprotterdam.nl/encyclopedie/anonieme-getuige-strafrecht)
Requesting a mini-instruction
The defence may request the RC to conduct additional investigation, also called a mini-instruction, before the case comes before the trial judge.
Possible actions
- Interrogation of witnesses
- Engaging an expert
- On-site inspection
- Confrontation between parties involved
Approval of investigative powers
The RC grants permission for intrusive investigative methods that affect citizens' privacy.
Examples of authorisations
- House search of a home
- Tapping of telephone conversations
- Taking of DNA material
- Use of special investigative techniques
The independent position of the RC
The examining judge operates independently of both the Public Prosecution Service and the trial judge.
Characteristics
- Forms part of the court
- Is not a party to the case
- Checks the legality of acts
- Safeguards the rights of the suspect
Differences between RC and trial judge
| Characteristic | Examining judge | Trial judge |
|---|---|---|
| Phase in process | Investigation and inquiry | Assessment and judgment |
| Responsibility | Supervision and investigation | Judgment and sentence |
| Setting | Non-public | Public hearing |
Frequently asked questions about the examining judge in Westland
When do I deal with an examining judge?
As a suspect in a criminal case, you may deal with the RC in decisions such as on pretrial detention. Also if your lawyer requests a mini-instruction or witness interrogations are needed in the investigative phase, the RC plays a role.
How does a session with the examining judge proceed?
A hearing before the RC is not public and more informal than a regular trial. The public prosecutor and your defence counsel are present. The RC decides on matters such as detention or hears witnesses. You may give your opinion and your lawyer can plead for your release.
Can I appeal against a decision of the RC?
Yes, against certain decisions, such as on provisional detention, you can appeal to the chamber of the court of appeal. Your lawyer can advise and assist you on this.
Court: District Court of The Hague (district)
Legal Aid Office: Legal Aid Office Westland