Dutch Legislation

Title VII

in force

Bijzondere bepalingen voor het rechtsgeding voor de politierechter

Code of Criminal Procedure (Sv) (Wetboek van Strafvordering) · Articles: 29

367 Article 367

In the legal proceedings before the police magistrate, as referred to in Article 51 of the Judiciary (Organisation) Act, Titles V and VI of Book II…

368 Article 368

The legal proceedings shall be continued before the police judge if, in the initial assessment of the Public Prosecution Service, the case is of a…

369 Article 369

The police judge (politierechter) is not authorised to impose a custodial sentence exceeding one year.

370 Article 370

The term for summoning is at least three days.

370a Article 370a

A shortened summons may be served upon a suspect who has been arrested for a criminal offence that is to be prosecuted before the police magistrate…

371 Article 371

In the event that the defendant has been summoned to appear before the police judge, the police judge may act as the chambers (raadkamer) with regard…

372 Article 372

If the defendant, upon his first appearance at the hearing, requests an adjournment in the interest of his defence, the police judge shall suspend…

373 Article 373

The public prosecutor is authorised to summon, or cause to be summoned, witnesses, experts and interpreters orally to appear before the police judge…

374 Article 374

Unless the defendant who has appeared at the hearing or their counsel present there requests the reading or the communication of the summary of…

375 Article 375

If the suspect has been arrested in accordance with Article 53 and brought before the public prosecutor, he may be summoned to appear before the…

376 Article 376

If the summons, in accordance with Article 375, paragraph 3, has consisted of a brief description of the charged offence, the public prosecutor…

377 Article 377

In the application of Article 369, paragraph 2, the case shall be brought before the multi-judge chamber on the existing indictment by means of a…

378 Article 378

After the closure of the proceedings at the hearing, the police judge shall render judgment orally, either immediately or at an hour to be determined…

378a Article 378a

Without prejudice to the provisions of Article 378, paragraph 2, and in the event that a written judgment is rendered, the drawing up of the official…

379 Article 379

The police judge is authorised to render a written judgment. Upon the motion of the public prosecutor or at the request of the defendant or his…

380 Article 380

If the police judge or the substitute judge who has adjudicated the case is unable to render the written judgment, it shall be rendered, in the first…

381 Article 381

Both the public prosecutor and the defendant may, following the notification regarding the legal remedy available against the judgment, waive the…

456 Article 456

If the Procurator General at the Supreme Court deems an appeal in cassation "in the interest of the law" necessary against any judicial decision or…

540 Article 540

In the event of the discovery in flagrante delicto of any criminal offence by which public order has been seriously violated, the measures described…

541 Article 541

The public prosecutor of the place where the offence was committed is authorised to have the suspect arrested and to have him brought before the…

542 Article 542

The public prosecutor shall be present at the examination by the examining magistrate and, after having presented the case, shall make such motions…

543 Article 543

If the examining magistrate finds no grounds for the application of any measure pursuant to Article 540, he shall order the immediate release of the…

544 Article 544

If the declaration of willingness is made and the required security is provided, the examining magistrate shall order the immediate release of the…

545 Article 545

If the declaration of willingness is not made, or the required security is not provided, the examining magistrate shall order that the suspect be…

546 Article 546

As soon as the imminent danger of repetition or continuation of the offence has passed, the public prosecutor shall order the immediate release of…

547 Article 547

If the suspect does not comply with the orders given to him, every investigative officer is authorised to arrest him and to bring him before the…

548 Article 548

If the examining magistrate, on the basis of the investigation referred to in the preceding article, finds grounds to do so, he shall order the…

549 Article 549

No appeal shall lie against a decision to dismiss a claim brought by the public prosecutor pursuant to the provisions of this Title.

550 Article 550

Article 39 shall apply mutatis mutandis with regard to pre-trial detention (inverzekeringstelling) by the public prosecutor and the examining…