Title II

A person is considered a suspect before the commencement of prosecution if, based on facts or circumstances, a reasonable suspicion of guilt…

For the purpose of establishing the identity of the suspect, he shall be asked for his surname, given names, place of birth and date of birth, the…

Our Minister of Security and Justice shall assign a criminal justice chain number to the suspect upon the establishment of his identity, unless a…

Upon the stopping or arrest of the suspect, he shall be informed of the criminal offence for which he is designated as a suspect. Outside cases of…

Without prejudice to the provisions of Article 27c, the suspect shall be notified of his right to legal assistance as referred to in Article 28…

The interrogation of a detained suspect shall take place as much as possible at a location intended for the interrogation of suspects or at another…

The investigative officer who invites a person to make a statement shall inform that person whether they are being heard as a witness or as a suspect.

At the request of the detained suspect, the assistant public prosecutor who, upon the suspect being brought before them, orders that the suspect be…

The suspect has the right to be assisted by legal counsel in accordance with the provisions of this Code.

The suspect may voluntarily and unequivocally waive the right to legal assistance, as referred to in Article 28, paragraph 1, unless otherwise…

Article 28, paragraph 1, shall not apply to the questioning on the spot of a suspect who has been stopped for an offence designated by or pursuant to…

If a vulnerable suspect or a suspect of an offence for which a custodial sentence of twelve years or more is prescribed by law has been arrested, the…

The detained suspect for whom a legal counsel is available pursuant to Article 28b shall be afforded the opportunity to have a consultation with said…

At the request of the detained suspect and the suspect who has been invited to appear at a place of interrogation to be questioned, legal counsel may…

The assistant public prosecutor may decide that:

In all cases in which a person is heard as a suspect, the interrogating judge or official shall refrain from anything that has the tendency to obtain…

The official report of the interrogation shall state the time at which the interrogation of the suspect commenced, was interrupted and resumed, if…

In all cases in which a suspect who does not have a sufficient command of the Dutch language is heard, the assistance of an interpreter shall be…

In all cases in which the suspect is heard or attends an interrogation, the judicial officer shall establish the identity of the suspect in the…

The duties and powers conferred upon the assistant public prosecutor in this Title may also be exercised by the public prosecutor.

The court that is called upon to make any decision in the case is authorised to provide the suspect with the opportunity to be heard.

If a prosecution is not continued, the court of fact, before which the case was last prosecuted, may, upon the petition of the suspect or upon the…

In every court there are examining magistrates (rechters-commissarissen), charged with the handling of criminal cases.

The supervisory judge (rechter-commissaris) shall be assisted in his duties by the clerk of the court.

The examining magistrate shall cause the clerk to draw up an accurate official report of what has been stated, performed, and occurred during the…

No questions shall be asked which have the purpose of obtaining statements that cannot be said to have been made freely.

Every witness, expert or suspect shall sign his statement after it has been read to him or read by him, and he has declared that he persists therein.

No writing shall be inserted between the lines of the official report (proces-verbaal).

The examining magistrate may, of their own motion, upon the motion of the public prosecutor, or upon the petition of the suspect, appoint one or more…

The examining magistrate may, as much as possible through the intervention of the public prosecutor, in the interest of the investigation, commission…

The public prosecutor shall ensure that the examining magistrate to whom he addresses a claim receives all relevant documents in a timely manner and…

The victim of a criminal offence as referred to in Article 151e, paragraph 1, may submit a written petition to the examining magistrate…

If, in the absence of the public prosecutor, any criminal offence is committed during the investigation, the examining magistrate shall have an…

The examining magistrate, authorised to conduct any investigation, may also perform or cause to be performed a specific investigative act within the…

If, during or after the investigative acts performed by him, the examining magistrate (rechter-commissaris) appears to be incompetent, the…

The examining magistrate (rechter-commissaris) shall guard against unnecessary delay of the preliminary investigation.

Against judgments concerning criminal offences rendered by the court as a final decision or during the course of the trial, an appeal is open to the…

Appeals against judgments that are not final judgments are only permitted simultaneously with an appeal against the final judgment.

An appeal may only be lodged against the judgment in its entirety.

The appeal must be lodged within fourteen days after the final judgment if:

If the appeal has been lodged by the defendant in person or by an authorised representative pursuant to Article 450, paragraphs one and two, a…

After an appeal has been lodged, the registrar of the court shall transmit the case documents to the registrar of the court of appeal as soon as…

The public prosecutor shall, within fourteen days after the filing of an appeal, submit a written statement containing grounds for appeal to the…

In the event that an appeal is available and has been lodged against a judgment concerning exclusively one or more summary offences or indictable…

At the court of appeal, criminal cases are, save for exceptions provided by law, heard and decided by a chamber composed of multiple judges.

If an appeal has been lodged against the judgment in the first instance, but the examination at the hearing in appeal has not yet commenced, the…

If possible, within eight days after the documents have been transferred to the registry, the presiding judge shall, upon the recommendation of the…

A period of at least ten days must elapse between the day on which the summons is served upon the defendant and the day of the court hearing. Article…

The Advocate General and the defendant may have witnesses and experts, whether or not they were heard at the hearing in the first instance, summoned…

Without prejudice to the following articles of this Title, Articles 268 up to and including 314, 315 up to and including 353, and 356 up to and…

In the event that an appeal has been lodged by the public prosecutor, the advocate general shall, upon the presentation of the case, provide an oral…

Official reports, expert reports or other documents which have been read out in the court of first instance may also be considered as having been…

The summoning of witnesses who have not appeared may be refused in the cases referred to in Article 288.

In the event of Article 295, the official report, together with the other procedural documents, shall be forwarded by the Advocate General to the…

In the event of Article 282b, the case shall be referred to another court of appeal.

In the cases referred to in Articles 295, 316 and 347, the investigation shall be conducted by a judge-commissioner (rechter-commissaris) at the…

The injured party who has not joined the proceedings in the first instance in accordance with Article 51g, paragraph 1 or 3, is not entitled to do so…

Following the conclusion of the investigation at the hearing in appeal, the court of appeal shall determine, pursuant to the investigation at the…

If the court of appeal is of the opinion that the summons in the first instance should have been declared void on grounds other than a defect…

The court of appeal may either affirm the judgment in its entirety, affirm it in part and set it aside in part, or set it aside in its entirety. The…

The person sitting in a single-judge chamber as referred to in Article 411, paragraph 2, has the powers that are vested in the presiding judge of the…

Without prejudice to Article 425, paragraph 3, and in the event that a written judgment is rendered, the drawing up of a record of the hearing shall…

No person may be criminally prosecuted for an act committed before reaching the age of twelve years.

In cases where facts or circumstances give rise to a reasonable suspicion that a person under the age of twelve years has committed a criminal…

The provisions of this Code shall apply insofar as this Section does not contain any deviating provisions.

Article 94a shall apply mutatis mutandis to persons who have not yet reached the age of eighteen at the time of the commission of the offence, with…

Without prejudice to Articles 27c and 27ca, the suspect shall be informed immediately upon his arrest:

During the interrogation by the investigative officer, the suspect has the right to be accompanied by their parents or guardian or a person of…

An interrogation by an investigative officer shall be recorded audiovisually when the gravity of the offence or the personality of the suspect gives…

By way of derogation from Article 27e, paragraph 1, the assistant public prosecutor who, upon the presentation of the suspect, orders that the…

If the suspect has been arrested, the public prosecutor or the assistant public prosecutor who, upon the presentation of the suspect, orders that the…

The assistant public prosecutor who, upon the presentation of the suspect, orders that the suspect be detained for investigation may, of their own…

By way of derogation from Article 59, paragraph 5, the Child Care and Protection Board (Raad voor de Kinderbescherming) shall be notified without…

Without prejudice to Article 489, paragraph 1, the board of the Legal Aid Council shall appoint a counsel for a suspect who does not have a counsel…

When the suspect is heard as referred to in Article 491, paragraph 2, they have the right to be accompanied by their parents or guardian or a…

In matters concerning the application of pre-trial detention, the juvenile judge shall act as the examining magistrate (rechter-commissaris).

Pre-trial detention shall be ordered for the shortest possible appropriate duration. If the court orders the pre-trial detention of the suspect, it…

When the suspect is heard as referred to in Article 493, paragraph 4, he has the right to be accompanied by his parents or guardian. The parents or…

The public prosecutor shall obtain information from the Child Care and Protection Board (Raad voor de kinderbescherming) regarding the personality…

In execution of the petition for information as referred to in Article 494, an advisory report regarding the suspect shall be issued by the Council.

If an advisory report as referred to in Article 494a has been issued regarding the suspect, the penalty order shall state in what manner this has…

The case shall be continued in the first instance before the court by the juvenile judge.

The defendant is obliged to appear in person. The summons shall notify him that, if he fails to comply with this obligation, the court may order his…

The case shall be heard in camera. The presiding judge of the court may grant special access to attend the closed hearing. Access shall be granted to…

The parents or the guardian are obliged to attend the court hearing. They shall be summoned for this purpose. The summons shall notify them that, if…

If the parents or the guardian of a minor suspected of a criminal offence fail to appear at the hearing, the court shall order the adjournment of the…

The court may, of its own motion, upon the claim of the public prosecution service, or at the request of the defendant or their counsel, determine…

If the court deems it necessary that an investigation into the personality and living conditions of the minor suspect be conducted after all, it may…

Title Five and Title Six of Book Two shall apply mutatis mutandis to legal proceedings before the juvenile judge, insofar as not otherwise provided…

Articles 495b, 496, 497 and 498 shall apply mutatis mutandis to proceedings before the subdistrict court (kantonrechter).

In the event of an appeal to the court of appeal or to the court, Articles 495a up to and including 498 shall apply mutatis mutandis.

If the suspect who has not yet reached the age of sixteen years has legal counsel, all powers granted to him in this Code or in the Criminal Code…

Insofar as not otherwise provided, all summonses, citations, notifications, announcements or other written communications to the minor suspect or…