After an arrest in Zoetermeer, a suspect can be placed in custody. This means that the person can be detained for a maximum of 3 days for investigation purposes. What are the conditions and what rights do you have?
What does detention in custody entail?
Detention in custody (ivs) means that a suspect is detained after arrest to support the investigation. This is laid down in Article 57 et seq. of the Code of Criminal Procedure (Sv).
Key features
| Aspect | Description |
|---|---|
| Duration | Maximum 72 hours (3 days) |
| Decision by | (Assistant) public prosecutor |
| Purpose | To advance the investigation |
| Ground | Suspicion of an indictable offence |
When is detention in custody applied?
Detaining a suspect is only possible under specific circumstances.
Conditions
- There must be suspicion of an indictable offence
- The investigation requires detention
- There must be a reasonable suspicion
Reasons for investigative interest
The interest of the investigation may include, among others:
- Further questioning of the suspect
- Preventing the suspect from fleeing
- Limiting contact with witnesses (risk of collusion)
- Conducting technical investigations
How does the procedure proceed?
The steps for detention in custody in Zoetermeer are as follows:
Process steps
- Arrest by the police
- Detention for initial investigation (maximum 9 hours, excluding night hours)
- Production before a (assistant) public prosecutor
- Issuance of the order for detention in custody
- Maximum 3 days detention
- In exceptional cases, extension by another 3 days
What rights do you have?
During detention in custody in Zoetermeer, you have certain rights.
Your rights
| Right | Explanation |
|---|---|
| Lawyer | Right to legal assistance and contact |
| Information | You will be informed of the reason for the arrest |
| Contact with relatives | A family member or acquaintance may be notified |
| Medical assistance | A doctor is available if needed |
| Interpreter | An interpreter will be provided in case of language problems |
What happens afterwards?
After the detention in custody, several scenarios are possible:
Options
- Release: You will be released, possibly with a summons
- Preliminary detention: Production before the examining magistrate
- Settlement: A transaction or penal order will be offered
Review by the examining magistrate
If the deprivation of liberty continues, you must appear before the examining magistrate at the District Court of The Hague within 3 days and 18 hours.
Assessment
- Was the detention in custody in accordance with the law?
- Is continuation of detention necessary?
- Are there reasons to release you?
Compensation for unlawful detention
If the detention in custody was unlawful, you can file a request for compensation (Article 89 Sv).
Compensation
- Amount between €80 and €130 per day (guideline)
- File the request with the court
- Possible after acquittal or dismissal of the case
Assistance in Zoetermeer
For legal assistance, you can contact the Juridisch Loket Zoetermeer. For cases that go to court, Zoetermeer falls under the District Court of The Hague.