The examining judge (RC) plays a crucial role as investigating judge in criminal cases. This independent judge supervises the investigation process, makes decisions on coercive measures and carries out specific investigative tasks in the Zoetermeer region.
What is the function of the examining judge?
The examining judge is an impartial judge who ensures that the criminal investigation proceeds in accordance with the law and makes decisions that require judicial oversight.
Key tasks
| Task | Description |
|---|---|
| Review of coercive measures | Decisions on pretrial detention of suspects |
| Control of investigation | Supervision of investigative techniques |
| Investigative activities | Hearing of witnesses and house searches |
| Granting permission | Approval for special investigative methods |
Pretrial detention and custody
A core responsibility of the RC is deciding on the detention of suspects in the investigation phase.
Steps in the procedure
- Production of the suspect
- Application for custody by the prosecutor
- Defense by the lawyer
- Decision RC: detention or release
Witness hearing by the RC
The examining judge may, at the request of the Public Prosecution Service or the defense, hear witnesses in the investigation phase.
Reasons for hearing before the RC
- Witness may not be available later
- Speed is essential for truth-finding
- The defense wishes to ask questions
- Concerns a threatened or [anonymous witness](https://rechtshulprotterdam.nl/encyclopedie/anonieme-getuige-strafrecht)
Requesting mini-instruction
The defense may request a mini-instruction, in which the RC conducts additional investigation before the case comes before the trial judge.
Investigative options
- Hearing of witnesses
- Analysis by experts
- On-site inspection
- Confrontation between parties
Approval and supervision by the RC
The RC grants permission for intrusive investigative methods that affect citizens' privacy.
Examples of permissions
- House search of a residence
- Interception of telephone conversations
- Taking of DNA material
- Use of special investigative techniques
Role and independence of the RC
The examining judge operates independently of both the Public Prosecution Service and the trial judge.
Characteristics
- Part of the court organization
- Not an involved party in the case
- Ensures legality of procedures
- Protects the rights of suspects
Difference between RC and trial judge
| Criterion | Examining judge | Trial judge |
|---|---|---|
| Stage | Investigation phase | Trial phase |
| Responsibility | Supervision and investigation | Judgment and ruling |
| Public access | Not public | Public |
Frequently asked questions about the examining judge in Zoetermeer
When do I deal with an examining judge?
As a suspect in a criminal case, you may deal with an examining judge (RC) in decisions such as on pretrial detention. Also if your lawyer requests a mini-instruction or witness hearings are needed in the investigation phase, the RC plays a role. This always happens before the case comes to trial.
How does a hearing before the RC work?
A hearing before the examining judge takes place behind closed doors and is more informal than a regular trial. The public prosecutor and your lawyer are present. The RC decides on matters such as detention or hears witnesses. You may tell your story and your lawyer can present a defense. The decision often follows immediately.
Can I appeal a decision of the RC?
Yes, against certain decisions of the examining judge, such as on pretrial detention, you can appeal to the chamber of the court of appeal. Your lawyer can assist you with this. This must be done within a set timeframe.
Court: District Court of The Hague (district)
Legal Aid Office: Legal Aid Office Zoetermeer