Title IV

If, following the conducted preliminary investigation, the Public Prosecution Service is of the opinion that further prosecution must take place, by…

If the public prosecutor decides to refrain from further prosecution, he shall notify the suspect thereof in writing without delay.

The case ends upon a notification of non-prosecution.

If the case is not further pursued on the grounds of:

Following an order of discharge from prosecution, the service of an order declaring the case closed, or the service of a notice of non-prosecution…

If a penalty order (strafbeschikking) has been issued against the suspect and has been fully executed, he may not, subject to the provisions of…

If it appears to the court that procedural requirements were omitted during the preliminary investigation, or that there was an omission or nullity…

No appeal or appeal in cassation may be lodged against court orders, nor is an objection permitted, except in the cases provided for by this Code.

Insofar as no special provisions govern the right of appeal of the Public Prosecution Service, it may lodge an appeal against all orders of the court…

The party who has lodged an appeal may, simultaneously with their declaration at the registry of the court by or at which the order was given, submit…

The court, the court of appeal or the Supreme Court shall dismiss the appeal or the petition, or shall order that which ought to have been done or…

At the request of the suspect or the public prosecution service, any of the judges hearing a case may be challenged on the basis of facts or…

The petition shall be filed as soon as the facts or circumstances have become known to the petitioner.

A judge against whom a challenge (wraking) has been filed may acquiesce in the challenge.

The petition for recusal shall be heard as soon as possible at the hearing by a multi-judge chamber in which the judge whose recusal has been…

On the basis of facts or circumstances as referred to in Article 512, any of the judges hearing a case may request to be excused.

The petition for recusal shall be heard as soon as possible by a multi-judge chamber in which the judge who has requested recusal does not sit.

Every investigative officer is authorised to establish the identity of the suspect in the manner referred to in Article 27a, paragraph 1, first…

In the event of a criminal offence being discovered in the act, everyone is authorised to arrest the suspect.

Except in cases of discovery in the act, an investigative officer is authorised, upon the order of the public prosecutor, to arrest a suspect of a…

In the event of the discovery of a criminal offence in flagrante delicto, any person may, for the purpose of apprehending the suspect, enter any…

In the event of the discovery of a criminal offence in the act or in the event of suspicion of a felony as defined in Article 67, paragraph 1, any…

The officials designated by or pursuant to Article 141, as well as certain categories of other persons designated by Our Minister of Security and…

The officials referred to in Article 141, the police officers referred to in Article 2, under b, of the Police Act 2012, and the police officers…

The investigative officers, as referred to in Article 141, under (a) up to and including (c), may, in the interest of the investigation, order that a…

If, on the basis of an investigation as referred to in Article 55d, paragraph 1, under a, there is a suspicion with regard to the suspect upon whom…

The public prosecutor or the assistant public prosecutor before whom the suspect is brought, or who has arrested the suspect himself, may, in the…

After the detained suspect has been brought before the assistant public prosecutor or the public prosecutor, the latter may order that the suspect be…

If the identification of a detained suspect of a criminal offence for which pre-trial detention is not permitted cannot be completed within the time…

The public prosecutor or the assistant public prosecutor before whom the suspect is brought, or who has arrested the suspect themselves, may, after…

The order for remand in custody shall only be granted in the event of a criminal offence for which pre-trial detention is permitted.

The order for police custody or for the extension thereof shall be dated and signed. The signing of the order may, by instruction of the public…

No later than three days and eighteen hours, calculated from the time of arrest, the suspect shall be brought before the examining magistrate…

As soon as the suspect has been released by the public prosecutor or the assistant public prosecutor in accordance with Article 57, paragraph 5, or…

The public prosecutor may lodge an appeal with the court against an order of the examining magistrate for the immediate release of the suspect…

The public prosecutor before whom the suspect is brought, or who has arrested the suspect himself, shall, in the event that he deems the suspect's…

Measures in the interest of the investigation may be ordered against a suspect who is being detained for the purpose of investigation. Such measures…

The suspect in custody shall not be subjected to any restrictions other than those which are strictly necessary in the interest of the investigation…

Measures in the interest of the investigation may be ordered by the public prosecutor.

The examining magistrate may, upon the motion of the public prosecutor, issue an order for the detention of the suspect. The public prosecutor shall…

The order for detention shall be in force for a period to be determined by the examining magistrate of at most fourteen days, which shall commence at…

The court may, upon the claim of the public prosecutor, order the continued detention (gevangenhouding) of the suspect who is in custody (bewaring)…

The order for arrest or detention shall be in force for a period to be determined by the court of no more than ninety days, which shall commence at…

When the period of validity of the order for detention or arrest has expired, the public prosecutor may, even before the commencement of the trial…

A warrant for pre-trial detention may be issued in the event of suspicion of:

An order based on Article 67 may only be given:

If, during the execution of pre-trial detention, the public prosecutor proceeds to prosecute or continue the prosecution in respect of an offence…

The period during which an order for pre-trial detention is in effect shall not run during the time that the suspect has evaded the further execution…

The order for pre-trial detention may be lifted by the court. The court may do so of its own motion or upon the petition of the suspect, or — insofar…

In the event that the public prosecutor notifies the suspect that he will not further prosecute him in respect of an offence for which pre-trial…

No later than three days after the execution, the suspect may lodge an appeal with the court of appeal against the decision of the court containing…

Upon decisions of declaration of incompetence and of dismissal of proceedings, the order for pre-trial detention shall be lifted.

No later than three days after the ruling, the suspect may lodge an appeal with the court of appeal against the decision of the court referred to in…

Without prejudice to the provisions of Article 72, paragraph 4, orders for pre-trial detention and orders for the lifting thereof are immediately…

If the court of appeal or the Supreme Court is called upon to render any decision before an appeal against the final judgment has been lodged, the…

Following the filing of an appeal against the final judgment, the orders for arrest, detention, or the extension thereof shall be issued by the court…

In the event of pre-trial detention, Articles 62 and 62a shall apply mutatis mutandis.

Unless the suspect has been informed orally on the occasion of his interrogation that an order for pre-trial detention will be issued against him, he…

The order for pre-trial detention or for the extension of the validity thereof shall be dated and signed.

Orders for the lifting of an order for pre-trial detention and the decision by which such lifting is refused shall be served upon the suspect without…

The court may — of its own motion, upon the claim of the public prosecution service, or upon the petition of the suspect — order that the pre-trial…

The court may, of its own motion, upon the claim of the Public Prosecution Service or upon the petition of the suspect, amend the decision to suspend.

The court may, of its own motion or upon the claim of the Public Prosecution Service, order the lifting of the suspension at any time.

If the revocation occurs due to non-compliance with conditions, the security may also be declared forfeit to the State in the decision regarding the…

If the suspect fails to comply with the conditions, or if certain circumstances indicate the existence of a risk of flight, their arrest may be…

If the continuation of the security is no longer necessary, the court shall, if necessary after hearing the suspect and their surety, of its own…

All judicial decisions pursuant to this paragraph shall be taken by the court that — whether in the first instance or on appeal — is competent to…

The public prosecutor may lodge an appeal against the orders of the examining magistrate or the court for suspension, or for the amendment of a…

Where in this paragraph reference is made to suspension (schorsing), this shall be understood to include deferment (opschorting).

Subject to seizure are all objects that may serve to bring the truth to light or to demonstrate unlawfully obtained advantage, as referred to in…

In the event of suspicion of a criminal offence for which a fine of the fifth category may be imposed, objects may be seized for the purpose of…

For the application of Articles 94 and 94a, the following applies:

The fourth Title of the Third Book of the Code of Civil Procedure shall apply mutatis mutandis to the attachment referred to in Article 94a, provided…

For the preservation of the right of recourse, the public prosecutor may, on behalf of the State, exercise the powers which are granted in the Civil…

The investigative officer who stops or arrests the suspect may seize objects in the suspect's possession that are liable to seizure.

In the event of the discovery of a criminal offence in the act or in the event of suspicion of a felony as defined in Article 67, paragraph 1, the…

In the event of suspicion of a criminal offence as described in Article 67, paragraph 1, the investigating officer may order a person who is…

In the event of the discovery of a criminal offence in the act or in the event of suspicion of a felony as described in Article 67, paragraph 1, the…

In the event of the discovery of a criminal offence in the act or in the event of suspicion of a felony as defined in Article 67, paragraph 1, the…

In the event of the discovery of a criminal offence in the act or in the event of suspicion of a felony as described in Article 67, paragraph 1, the…

Letters or other documents to which the duty of confidentiality of persons with the right to decline to testify, as referred to in Articles 218 and…

Unless the interests of the investigation require otherwise, seizure in a dwelling shall not be proceeded with until the occupant or, if he is…

The suspect is entitled to be assisted by his counsel during the search of premises, without the search being delayed as a result.

In the event of the discovery of a criminal offence in the act or in the event of suspicion of a felony as described in Article 67, paragraph 1, the…

The public prosecutor shall, without delay, return to the carrier for dispatch any seized parcels, letters, documents, and other communications which…

If, after opening, the items appear to be of importance to the investigation, the public prosecutor shall add them to the case documents or the items…

The assistant public prosecutor or the investigating officer shall immediately place seized sealed letters at the disposal of the public prosecutor.

Pursuant to Article 94a, seizure may only be effected or maintained by virtue of a written authorisation to be granted by the examining magistrate…

The examining magistrate is authorised to seize all objects eligible for seizure. Except in cases where the examining magistrate performs…

The examining magistrate may, upon the motion of the public prosecutor and, if he is performing investigative acts by virtue of Articles 181 up to…

The examining magistrate (rechter-commissaris) may, upon the petition of an interested party, order that the clerk of the court shall provide the…

If the document to be transferred forms part of a register from which it cannot be separated, the examining magistrate (rechter-commissaris) may…

The examining magistrate may, upon the motion of the public prosecutor and, if he is performing investigative acts by virtue of Articles 181 up to…

Articles 100 up to and including 102 shall apply mutatis mutandis to the examining magistrate (rechter-commissaris) who performs investigative acts…

The assistant public prosecutor or the public prosecutor who has been informed of the notification of seizure pursuant to Article 94, paragraph 3…

The seized objects shall not be alienated, destroyed, abandoned or destined for any purpose other than the investigation, unless authorization has…

If the Public Prosecution Service takes one of the decisions referred to in Articles 116 and 117 while the examining magistrate is performing…

In the application of Article 116, paragraph 2, under b, or if the interest of criminal proceedings precludes restitution and no authorisation as…

The Public Prosecution Service may, ex officio or at the request of the person whose property has been seized or of any other interested party, order…

An order for the restitution of a seized object that has been placed in custody shall be directed to the custodian.

Regulations shall be provided by or pursuant to an Order in Council regarding the application of Article 117, paragraphs one up to and including…

The chairperson of the body, or the judge or official charged with the direction of the official proceedings, shall be responsible for the…

In the event of an inspection or the searching of premises, the judge or official charged therewith may take or cause to be taken the necessary…

The examining magistrate, the public prosecutor, the assistant public prosecutor and the investigative officer are vested with the authority to…

In the event of a search, an investigation may be conducted from the location where the search is taking place into data stored in an automated work…

Insofar as the interest of the investigation specifically requires this, if Article 125i or Article 125j has been applied, an order may be directed…

No investigation shall take place into data entered by or on behalf of persons with a right to privilege as referred to in Articles 218 and 218a…

If, during a search for the purpose of recording data at a provider of a public telecommunications network or a public telecommunications service…

If a search results in the recording or making inaccessible of data, the persons concerned shall be notified in writing as soon as possible of this…

As soon as it appears that the data recorded during a search are of no significance to the investigation, they shall be destroyed.

If, during a search of an automated work, data are found in relation to which or by means of which the criminal offence has been committed, the…

In the event of a suspicion of a criminal offence as described in Article 67, paragraph 1, the public prosecutor may issue an order to a provider of…

In the event of suspicion of a criminal offence for which a fine of the fifth category may be imposed and by which an advantage of some significance…

By virtue of the authorisation granted pursuant to Article 126, an investigative officer charged with a criminal financial investigation is…

During the criminal financial investigation, the public prosecutor is authorised to order, without further judicial authorisation, that objects be…

The public prosecutor may, in cases of urgent necessity for the purpose of seizure, search any premises, as well as a dwelling without the consent of…

Articles 98, 99 and 99a shall apply mutatis mutandis, on the understanding that the search referred to in Article 98, paragraph 5, shall, with regard…

The court shall guard against unnecessary delay of the criminal financial investigation.

As soon as the public prosecutor determines that the criminal financial investigation has been completed or that there are no grounds for its…

Except in the cases referred to in Article 126f, paragraph 4, a criminal financial investigation may be initiated or reopened upon the motion of the…