From report to judgment: the criminal procedure encompasses multiple steps. This article provides insight into how a criminal case proceeds within the Dutch legal system, specifically for the Westland region.
The Steps of a Criminal Process
A criminal process in the Netherlands consists of three main phases.
Summary of the Phases
| Phase | Description | Key Parties |
|---|---|---|
| Investigation | Investigation into a possible offence | Police, specialised investigative authorities |
| Prosecution | Decision on whether or not to prosecute | Public Prosecution Service (OM) |
| Trial | Assessment by the judge | District Court, defendant, lawyer, OM |
Investigation: The First Step
The process usually starts with a report or the detection of a criminal offence by the authorities.
Key Moments
- Report or discovery by police
- Police investigation into the case
- Interrogation of those involved and witnesses
- Collection of evidence
- Report to the Public Prosecution Service
Prosecution Phase: Decision of the OM
In this phase, the Public Prosecution Service determines how the case will be handled.
Possible Outcomes
- Dismissal: no prosecution (technical or policy-based)
- Penal order: imposition of penalty by the OM
- Settlement: agreement with the defendant
- Summons: bringing the case before the judge
Trial Phase: The Court Hearing
Upon a summons, the judge handles the case in the district court, such as the District Court of The Hague for the Westland region.
Course of the Hearing
- Start and identity check
- Reading out 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)
Assessment Criteria of the Judge
The judge bases the judgment on a number of fixed questions (art. 350 CCP).
Procedural Questions
- Is the summons correct?
- Is the judge competent?
- Is the OM admissible in the case?
- Are there reasons for postponement?
Substantive Questions
- Is the offence proven?
- Is the proven act punishable?
- Can the defendant be held accountable?
- What penalty or measure is appropriate?
Possible Judicial Decisions
| Decision | Meaning |
|---|---|
| Conviction | Offence proven, defendant guilty |
| Acquittal | Offence not proven |
| Discharge from prosecution | Offence proven, but not punishable |
| Inadmissibility of the OM | Prosecution not permitted |
Appeal Options
- Appeal: handling by the court of appeal
- Cassation: submission of the case to the Supreme Court
- Revision: new investigation after final judgment upon new facts
Local Information for Westland
For criminal cases in the Westland region, the handling falls under District Court of The Hague. For legal support, you can go to the Westland Legal Desk.