Title I
in forceStrafvordering in het algemeen
Criminal proceedings in respect of criminal offences of which the Supreme Court takes cognizance in the first instance shall otherwise take place…
The prosecution of the co-defendants of the person standing trial before the Supreme Court shall take place before the same court.
Section 1
Inleidende bepaling
Criminal proceedings shall only take place in the manner provided for by law.
The Board of Procurators General ensures the proper investigation of criminal offences of which the district courts and the courts of appeal take…
The Board of Procurators General shall provide prior written consent for an order as referred to in Article 126ff, or an agreement as referred to in…
The following are charged with the investigation of criminal offences:
Charged with the investigation of criminal offences as special investigative officers are:
The authority of officials charged with the investigation of criminal offences is limited to the territory for which they have been appointed or…
Within the place where and within the limits within which they are authorised to conduct investigations, the following are assistant public…
Pursuant to rules to be established by Order in Council, the Public Prosecution Service may, in the interest of a criminal investigation, invoke the…
Section 2
Relatieve bevoegdheid van de rechtbanken tot kennisneming van strafbare feiten
The following courts have equal jurisdiction:
Criminal offences committed outside the jurisdiction of a court on board a Dutch vessel or aircraft shall, for the purpose of determining the…
If the preceding articles do not designate a competent court, the court of Amsterdam shall have jurisdiction.
Where more than one person participates in the same criminal offence, the jurisdiction with respect to one of the persons liable as perpetrators or…
The public prosecutor is charged with the investigation of criminal offences of which the court in the district where he has been appointed takes…
The public prosecutor at the National Office of the Public Prosecution Service is charged with the investigation of the criminal offences referred to…
The public prosecutor at the National Office for Serious Fraud, Environmental Crime and Asset Confiscation (functioneel parket) is charged with the…
The public prosecutor at the Public Prosecution Service’s Central Processing Office is charged with the investigation of the criminal offences…
The public prosecutor shall, at the request of the advocate general, provide the necessary assistance in the investigation of cases pending in appeal…
When the public prosecutor has obtained knowledge of a criminal offence for the prosecution of which he is charged, he shall institute the necessary…
During the preliminary investigation, the public prosecutor is responsible for the compilation of the case documents.
The public prosecutor is authorised, if he deems this necessary with a view to the interests referred to in Article 187d, paragraph 1, to omit the…
The public prosecutor may, in the interest of the investigation, ex officio or at the request of the suspect, appoint an expert who is registered as…
The public prosecutor shall notify the suspect in writing of the assignment granted to the expert and of the time and place of the investigation…
If the public prosecutor refuses a request from the suspect for the appointment of an expert or for the performance of a counter-investigation, or…
If the public prosecutor, pursuant to Article 150a, paragraph 3, or the examining magistrate, pursuant to Article 150b, paragraph 3, orders a…
The public prosecutor or the assistant public prosecutor is authorised, for the purpose of inspecting any local situation or any object, to enter any…
The public prosecutor may, ex officio or at the request of the suspect or their counsel, in the interest of the investigation, cause a DNA…
The public prosecutor may, in the interest of the investigation, order that cell material be taken from a suspect of a criminal offence as described…
The public prosecutor may, in the interest of the investigation, order that a DNA examination be conducted which is aimed at determining externally…
The prohibition on processing genetic data shall not apply if, in the interest of the investigation, a DNA examination is conducted that is aimed at…
In the event of a criminal offence where there are indications that a victim may have been infected with a serious disease designated by order in…
The investigation referred to in Article 151e, paragraphs one, two, and five, shall be commissioned by the public prosecutor to an expert affiliated…
The victim of a criminal offence as referred to in Article 151e, paragraph 1, may request the public prosecutor to order the investigation referred…
If the result of the investigation as referred to in Article 151e, paragraph 1, is negative, the public prosecutor may, in the interest of the…
If the result of the investigation referred to in Article 151e, paragraph 1 or 5, or Article 151h, paragraph 1, is positive and it subsequently…
Section 3
Vervolging van strafbare feiten
The Procurator General at the Supreme Court is charged with the prosecution of those criminal offences of which the Supreme Court takes cognizance in…
The Board of Procurators General ensures the proper prosecution of criminal offences of which the district courts and the courts of appeal take…
The public prosecutor at the district public prosecutor's office is charged with the prosecution of criminal offences of which the court in the…
The public prosecutor, authorised to conduct any investigation, may also perform or cause to be performed a specific investigative act within the…
Officials charged with the investigation of criminal offences shall, as soon as possible, draw up an official report (proces-verbaal) of the criminal…
The official report shall be drawn up by them under their official oath or, insofar as they have not taken such an oath, sworn by them within…
Officials charged with the investigation of criminal offences, who are not assistant public prosecutors, shall without delay submit the official…
After having acted in accordance with Article 156, the assistant public prosecutors and the other investigative officers shall await further orders…
Section 4
Beklag over het niet vervolgen van strafbare feiten
If a criminal offence is not prosecuted, the prosecution is not continued, or the prosecution takes place by the issuance of a penalty order…
The registrar of the court of appeal that has received the complaint shall notify the complainant in writing of the receipt thereof.
If the complaint does not fall within the cognizance of the court of appeal, the court of appeal shall declare itself incompetent. If the court of…
If the complainant is manifestly inadmissible or the complaint is manifestly unfounded, the court of appeal may declare the complainant inadmissible…
The court of appeal shall not decide before having heard the complainant, or at least having duly summoned them to be heard, except in the cases…
The court of appeal may summon the person whose prosecution is requested in order to provide him with the opportunity to make comments regarding the…
The complainant and the person whose prosecution is requested may be assisted in chambers. They may be represented by a lawyer, provided that the…
The person whose prosecution is requested is not obliged to answer the questions put to him in chambers (raadkamer). He shall be informed of this…
The hearing of the complainant and the person whose prosecution is requested may also be assigned to one of the members of the court of appeal.
If the complaint falls within the cognizance of the court of appeal, the complainant is admissible, and the court of appeal is of the opinion that…
The members of the court of appeal who have adjudicated on the complaint shall preferably not participate in the trial.
If a penalty order (strafbeschikking) has been issued, the complaint must be filed within three months after the date on which the directly…
No complaint may be lodged in respect of criminal offences for which the suspect has been granted a dismissal of proceedings or in respect of an…
If a petition as referred to in Article 510 is not filed, the directly interested party may lodge a complaint regarding this with the court of appeal…
If the complaint concerns a criminal offence of which the Supreme Court takes cognizance in the first instance, the provisions set forth in Articles…
Any person who has knowledge of one of the offences described in Articles 92 to 110 of the Criminal Code, in Title VII of the Second Book of that…
Any person who has knowledge of a committed criminal offence is authorised to file a report or a complaint thereof.
Public bodies and civil servants who, in the exercise of their office, acquire knowledge of a criminal offence with the investigation of which they…
The reporting of any criminal offence shall be made orally or in writing to the competent official, either by the complainant in person, or by…
In the case of criminal offences that are only prosecutable upon a complaint, such complaint shall be made orally or in writing to the competent…
Every public prosecutor and every assistant public prosecutor is authorised and obliged to receive the complaint.
If the complaint has been filed pursuant to Article 65, paragraph 1, of the Criminal Code by the legal representative of a minor who is twelve years…
The withdrawal of the complaint shall be effected before the officials, in the manner and in the form prescribed for the filing of the complaint by…
If the person entitled to lodge a complaint is the head or a member of the government of a friendly state within the meaning of Article 87a of the…
Section 5
Schorsing der vervolging
If the assessment of the charged offence depends on the determination of a point of civil law, the court may, at any stage of the prosecution…
In cases concerning minor defendants, the prosecution may be suspended if, concurrently with the prosecution, a petition for the termination of…
Following the notification of further prosecution or, if such notification has not taken place, following the service of the summons to appear at the…
If the suspect suffers from such a mental disorder, psychogeriatric condition or intellectual disability that he is unable to understand the purport…
In the event of a stay of proceedings, the court may nevertheless order urgent measures.
Decisions regarding suspension shall be taken either by the court of its own motion, or upon the claim of the Public Prosecution Service, or upon the…
The public prosecution service may lodge an appeal against orders concerning suspension within fourteen days thereafter, and the suspect may do so…
If, following the instituted preliminary investigation, the Public Prosecution Service is of the opinion that prosecution must take place, by the…
In respect of an offence as described in Articles 245 up to and including 248 and 251 of the Criminal Code, committed against a minor who is twelve…
Section 6
Behandeling door de raadkamer
In all cases in which a decision by the court is not prescribed to be made at the hearing or is not taken by the court of its own motion at the…
Unless otherwise prescribed, the proceedings in chambers shall not be held in public.
The chambers (raadkamer) are authorised to issue the necessary orders to ensure that the investigation which must precede their decision takes place…
The decision of the chambers (raadkamer) shall be reasoned.
The clerk shall draw up a record of the proceedings of the chambers, containing the summary of the statements made and of what further transpired…