Title III

An appeal in cassation against the judgments of the courts of appeal, rendered as a final decision, concerning criminal offences is open to the…

An appeal in cassation against judgments or rulings that are not final judgments is only permitted simultaneously with the appeal against the final…

An appeal in cassation may also be lodged against a part of the judgment or ruling.

Failure to observe formalities prescribed under penalty of nullity shall constitute grounds for annulment, both where such failure has occurred in…

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

During the appeal in cassation, procedural documents shall be submitted and communications between the Supreme Court, the Prosecutor General at the…

If only the public prosecution service has lodged an appeal in cassation, the appeal shall be served upon the defendant in person, unless a…

The registrar of the court that rendered the judgment or order against which an appeal in cassation has been lodged shall transmit the case documents…

Upon receipt of the case documents by the registrar of the Supreme Court, the Procurator General shall notify the defendant or, if the appeal in…

Following the notification referred to in Article 435, paragraph 1, the presiding judge shall determine a date for the hearing, observing the time…

If the Public Prosecution Service has lodged an appeal in cassation, it is required, under penalty of inadmissibility, to file a statement of grounds…

All cases shall be heard at a public hearing for criminal cases of the single-judge chamber of the Supreme Court.

On the return day or on a subsequent court day, the Procurator General shall submit his opinion, which he shall present to the Supreme Court in…

The Supreme Court shall declare the appeal in cassation inadmissible, dismiss the appeal, or quash the judgment or appellate decision in whole or in…

If the articles of the law upon which the imposition of a penalty or measure is based are not stated in the judgment or the appellate decision, the…

The judgment shall be signed by the presiding judge and the justices who adjudicated the case, as well as by the registrar who was present at the…

The judgment shall be pronounced at a public hearing of the single-judge chamber of the Supreme Court in the presence of the registrar and the…

A copy of the judgment of the Supreme Court, certified by the registrar, shall be sent as soon as possible by the Procurator General to the Public…

If a judicial officer is to be prosecuted and tried before his own court, his court of appeal, or a court within the jurisdiction of his court or his…

The decision of the Supreme Court shall be served upon the defendant by the Procurator General.

Only advocates registered on the tableau of the Netherlands Bar (Nederlandse orde van advocaten) shall be admitted as counsel in the Netherlands.

The suspect is at all times entitled to choose one or more legal counsels.

The Legal Aid Board (Raad voor rechtsbijstand) shall, following the notification referred to in Article 28b, paragraphs one and two, or following the…

For a suspect who does not have legal counsel, legal counsel shall be appointed by the board of the Legal Aid Council (raad voor rechtsbijstand)…

Upon the request of the suspect, the Legal Aid Board (Raad voor rechtsbijstand) shall assign a counsel to him if he is lawfully deprived of his…

The appointment of a legal counsel pursuant to Articles 40 and 41 shall be for the duration of the entire instance in which it has taken place.

Every assignment made by the board of the Legal Aid Council shall be notified without delay, in the manner to be determined by Our Minister, to the…

In the event of an impediment or absence of the designated counsel, the latter shall make arrangements for their substitution; if it appears that…

The public prosecutor may request that the examining magistrate perform investigative acts for the purpose of the investigation of a criminal…

A person who has been interrogated as a suspect of a criminal offence, or who is already being prosecuted in respect of a criminal offence, may…

In the context of an investigation instituted pursuant to Articles 181 or 182, paragraph 7, the suspect may make known their wishes for investigation…

If the examining magistrate gives notice of his decision to perform investigative acts in a case pursuant to Articles 181 up to and including 183…

The legal counsel shall have free access to the suspect who has been lawfully deprived of his liberty, may speak with him in private and exchange…

If certain circumstances give rise to a serious suspicion that the free communication between counsel and the suspect will either serve to acquaint…

In the event that an order as referred to in Article 46 has been issued, the public prosecutor shall notify the presiding judge of the court thereof…

With regard to the authority of counsel to inspect procedural documents and to obtain a copy thereof, Articles 30 up to and including 34 shall apply…

If the examining magistrate deems it necessary for the proper conduct of the investigation, he shall summon the public prosecutor and the suspect to…

The public prosecutor is authorised to attend the examinations by the examining magistrate.

The legal counsel is authorised to attend the examinations by the examining magistrate, unless the interest of the investigation prohibits this.

If there is a well-founded suspicion that the witness or expert will not be able to appear at the hearing or that the health or well-being of the…

For a suspect who does not have legal counsel, legal counsel shall be appointed by the board of the Legal Aid Council at the order of the examining…

The examining magistrate may, of his own motion, upon the demand of the public prosecutor, or at the request of the suspect, prevent any question put…

The examining magistrate (rechter-commissaris) may grant special access for the purpose of attending the examination of a witness or expert.

The examining magistrate may, either of their own motion, or upon the claim of the public prosecutor, or upon the petition of the suspect or their…

The examining magistrate shall take the necessary measures to prevent the suspects, witnesses and experts who have appeared for examination from…

The suspects, witnesses and experts shall each be examined separately.

The examining magistrate shall establish the identity of the suspects, witnesses, and experts in the manner referred to in Article 27a, paragraph 1…

If a suspect, witness or expert does not master the Dutch language or does not master it sufficiently, the examining magistrate may summon an…

The examining magistrate may, of his own motion, upon the claim of the public prosecutor or upon the petition of the suspect, exercise the authority…

The examining magistrate shall give timely written notice of the intended inspection to the public prosecutor and, insofar as the interests of the…

The examining magistrate may, of their own motion or upon the application of the public prosecutor, order that a suspect against whom there are…

The examining magistrate may, of his own motion, upon the demand of the public prosecutor, or at the request of the suspect or his counsel, order a…

The suspect may, within fourteen days after the results of the DNA analysis have been communicated to him in writing, request the examining…

With regard to the investigation by experts as referred to in Articles 195a and 195b, the provisions of the fifth section of the third Title of the…

The examining magistrate may, of their own motion or upon the demand of the public prosecutor, in the interest of the investigation, order that cell…

The examining magistrate may, in the interest of the investigation, order that a DNA examination be conducted which is aimed at determining…

The prohibition on processing genetic data shall not apply if, in the interest of the investigation, a DNA analysis is performed that is aimed at…

If it is necessary that an examination of the mental faculties of the suspect against whom pre-trial detention has been ordered be conducted, and…

The order referred to in Article 196 shall be reasoned and shall not be issued until the opinion of one or more experts has been obtained and the…

The stay in the institution shall be deemed to be pre-trial detention, may not exceed the term of seven weeks, and shall end as soon as the suspect…

If it appears to the examining magistrate that procedural requirements have been neglected during the preliminary investigation, he shall, either of…

The examining magistrate shall, if he deems it necessary, cause the suspect to appear before him. He may order the summons of a suspect who is at…

If the suspect is prevented from appearing, his interrogation may take place at the location where he is staying.

If the suspect is staying in Aruba, Curaçao or Sint Maarten, or in the public bodies of Bonaire, Sint Eustatius and Saba, the examining magistrate…

The official report of an interrogation of the suspect, which has taken place by order of the examining magistrate (rechter-commissaris), shall be…

If the suspect is at liberty and does not appear in response to the summons, the examining magistrate may have him summoned once more and, in doing…

If this is urgently necessary in the interest of the investigation, the examining magistrate may order that the suspect brought along in accordance…

During the interrogation, the suspect shall be orally informed of the statements made by witnesses and experts who were heard outside of his…

The examining magistrate shall examine the witness whose examination is deemed desirable by him, is ordered by the court, or is requested by the…

Articles 203 and 204 shall apply mutatis mutandis with regard to the examination of witnesses who are staying in Aruba, Curaçao or Sint Maarten, or…

If the witness is prevented from appearing, his examination may take place at the location where he is staying.

Any person who has been summoned as a witness is obliged to appear before the examining magistrate (rechter-commissaris).

If this is urgently necessary in the interest of the investigation, the examining magistrate may order that the witness brought along in accordance…

The witness declares that they will speak the whole truth and nothing but the truth. The expert declares that they will provide their statement…

The examining magistrate (rechter-commissaris) shall swear in the witness or expert if:

The examining magistrate shall swear in the witness to tell the whole truth and nothing but the truth.

The following persons may excuse themselves from giving testimony or from answering certain questions:

Those who, by virtue of their status, profession or office, are bound to secrecy may also excuse themselves from giving testimony or from answering…

Witnesses who, in their capacity as journalists or publicists in the context of news gathering, possess information regarding persons who have…

A witness may excuse themselves from answering a question put to them if, by doing so, they would expose themselves or any of their blood relatives…

A witness who, by virtue of their office or profession, is involved in the examination of a threatened witness or an examination to which Article…

A witness who, by virtue of their office or profession, is involved in the examination of a protected witness, shall be excused from answering a…

The witness shall give his statement without being permitted to make use of a written draft.

If, during his examination, the witness refuses without lawful grounds to answer the questions put to him or to provide the statement, oath, or…

The court shall order the detention of the witness for a period of no more than twelve days if this is urgently necessary in the interest of the…

The examining magistrate shall order the release of the witness from detention as soon as the latter has fulfilled his obligation or his testimony is…

All orders by which civil imprisonment is ordered or extended, or by which a request from the witness for release from civil imprisonment is…

During the detention (gijzeling), the witness may consult with a lawyer practicing within the Kingdom.

Unless they have been authorised by Royal Decree to give testimony, the King, the presumptive successor to the King, their spouses, and the Regent…

The examining magistrate may, in the interest of the investigation, ex officio, upon the demand of the public prosecutor, or at the request of the…

The examining magistrate shall notify the public prosecutor and the suspect of his decision to appoint an expert and of the instructions given to the…

The expert may, for the purpose of clarifying his assignment, apply to the examining magistrate before submitting his report. The examining…

After the expert has submitted his report to the examining magistrate, the examining magistrate shall send a copy thereof to the public prosecutor…

In the event that the expert's report gives cause to do so, the examining magistrate may, of their own motion, upon the claim of the public…

The examining magistrate may hear the expert of their own motion, upon the demand of the public prosecutor, or at the request of the suspect. The…

The examining magistrate (rechter-commissaris) may impose an obligation of confidentiality upon experts.

If the examining magistrate has completed the investigative acts, or if there are no grounds for the continuation of the investigation, he shall…

If the public prosecutor informs the examining magistrate in writing that he waives further prosecution, the examining magistrate shall terminate the…

Every power granted to the suspect under this Title shall also accrue to his legal counsel.

By way of derogation from Article 446, paragraph 2, no appeal in cassation shall lie for the Public Prosecution Service against an order of the…

The examining magistrate shall order, either of their own motion, or upon the demand of the public prosecutor, or upon the petition of the suspect or…

The order issued by the examining magistrate pursuant to Article 226a, paragraph 1, shall be reasoned, dated, and signed, and shall be notified in…

Prior to the examination of a threatened witness, the examining magistrate (rechter-commissaris) shall ascertain their identity and shall record in…

If the interest of keeping the identity of the threatened witness concealed so requires, the examining magistrate may determine that the suspect or…

During the examination, the examining magistrate shall assess the reliability of the threatened witness and shall account for this in the official…

The examining magistrate shall, as much as possible in consultation with the public prosecutor, take the measures that are reasonably necessary to…

The public prosecutor shall notify the examining magistrate of the agreement he intends to conclude with a suspect who is prepared to provide a…

A witness who consults with the public prosecutor regarding the making of an agreement pursuant to Article 226g may be assisted by a lawyer. A lawyer…

The order of the examining magistrate pursuant to Article 226h, paragraph 3, shall be reasoned, dated and signed, and shall be notified in writing…

After the agreement has been judged lawful, the witness referred to in Article 226g, paragraph 1, shall be heard by the examining magistrate.

Articles 226g up to and including 226j shall apply mutatis mutandis if the public prosecutor intends to make an agreement with a convicted person who…

Our Minister of Security and Justice may, in a manner to be determined by Order in Council, take specific measures for the factual protection of…

The examining magistrate shall order, either of their own motion, or upon the demand of the public prosecutor, or upon the petition of the suspect or…

The examining magistrate shall order, either of their own motion, or upon the motion of the public prosecutor, or upon the petition of the suspect or…

The examining magistrate (rechter-commissaris) may grant special access for the purpose of attending the examination of a shielded witness.

If an interest as referred to in Article 226n, paragraph 1, so requires, the examining magistrate may determine that the suspect or their counsel, or…

During the examination of the protected witness, the examining magistrate shall investigate the reliability of the statement of the protected witness…

The examining magistrate (rechter-commissaris) shall, if he issues the order described in Article 226n, paragraph 1, either of his own motion or upon…

The examining magistrate shall, if the shielded witness consents thereto, add the official report of the examination to the case documents.