Pre-trial detention means that a suspect is detained before a conviction has been pronounced. This is a coercive measure that may only be applied under strict conditions.
Meaning of Pre-Trial Detention
Pre-trial detention entails that a suspect is detained pending the criminal proceedings. It consists of two phases: police custody and detention on remand.
Phases of Pre-Trial Detention
| Phase | Maximum Duration | Decision-Maker |
|---|---|---|
| Police Custody | 14 days | Examining Magistrate |
| Detention on Remand | 90 days | Council Chamber of the District Court |
| Extension | Additional 90 days | Council Chamber of the District Court |
Conditions for Application
Pre-trial detention may only be imposed in cases of serious suspicions and where there are compelling reasons.
Applicable Cases (art. 67 CCP)
- Offences punishable by a sentence of 4 years or more
- Specific offences such as threats or assault
- No fixed place of residence or abode in the Netherlands
Reasons for Detention (art. 67a CCP)
- Flight Risk: High likelihood that the suspect will abscond
- Collusion Risk: Risk that the suspect will tamper with evidence
- Recidivism Risk: Chance of repetition of serious offences
- Shock to the Legal Order: In cases of very serious offences punishable by 12 years or more
Procedural Steps
The process surrounding pre-trial detention proceeds in several phases.
Course of the Procedure
- Appearance before the examining magistrate within 3 days and 18 hours after arrest
- Decision on police custody by the examining magistrate
- Prosecution's request for detention on remand
- Decision on detention on remand by the council chamber
- Regular re-evaluation of the situation
Suspension of Detention
A judge may decide to suspend the pre-trial detention, provided certain conditions are complied with.
Possible Conditions upon Suspension
- Regular reporting to the police
- Prohibition on contact with victims or witnesses
- Prohibition on entering certain areas
- Payment of bail
- Surrender of passport
- Obligation to wear an electronic monitoring ankle bracelet
Rights of the Suspect
| Right | Explanation |
|---|---|
| Lawyer | Unrestricted access to legal assistance |
| Visits | Right to visits, sometimes with restrictions |
| Correspondence | Right to send and receive letters, possibly subject to inspection |
| Access to File | Right to inspect case documents |
| Re-evaluation | Regular review of the necessity of detention |
Deduction of Pre-Trial Detention
Time spent in pre-trial detention is deducted from any eventual sentence (art. 27 CC).
Compensation upon Acquittal
If you are acquitted, the case is discontinued or you are discharged from prosecution, you may apply for compensation for the time spent in detention.
Details of Compensation
- Amounts between €80 and €130 per day, depending on circumstances
- Application via article 89 CCP
- Request to be filed within 3 months after final judgment
Frequently Asked Questions about Pre-Trial Detention in Zoetermeer
What exactly does pre-trial detention entail?
It is the detention of a suspect prior to conviction, under strict statutory conditions.
How long can someone be held in pre-trial detention?
This varies from 14 days police custody to 90 days detention on remand, with a possible extension of another 90 days.
What are my rights in pre-trial detention?
You have the right to a lawyer, visits, correspondence and regular review of your situation.
What if I need legal assistance in Zoetermeer?
Contact the Juridisch Loket Zoetermeer or a criminal lawyer in the region.
Can I get compensation after acquittal?
Yes, you can apply for compensation of €80-€130 per day via article 89 CCP.
Local Information for Zoetermeer
For matters concerning pre-trial detention in Zoetermeer, you fall under the District Court of The Hague. For legal advice, you can go to the Juridisch Loket Zoetermeer.