After arrest, a suspect may be placed in custody. This means that the suspect may be detained for a maximum of 3 days for investigation purposes. What are the rules and your rights?
What is detention in custody?
Detention in custody (ivs) is the detention of a suspect after arrest for the benefit of the investigation. It is regulated in Article 57 et seq. of the Code of Criminal Procedure.
Characteristics
| Aspect | Description |
|---|---|
| Duration | Maximum 3 days (72 hours) |
| Decision by | (Assistant) public prosecutor |
| Purpose | Interest of the investigation |
| Ground | Suspicion of a criminal offence |
When is detention in custody imposed?
Detention in custody is only permitted under certain conditions.
Conditions
- Suspicion of a criminal offence
- The interest of the investigation requires it
- There is a reasonable suspicion
Interest of the investigation
The interest of the investigation may consist of:
- Further questioning of the suspect
- Preventing flight
- Preventing collusion (influencing witnesses)
- Further technical investigation
Procedure
The procedure for detention in custody proceeds as follows.
Steps
- Arrest by police
- Detention for investigation (max. 9 hours, night not included)
- Production before (assistant) public prosecutor
- Order for detention in custody
- Detention max. 3 days
- Possible extension for max. 3 days (exceptional circumstances)
Rights during detention in custody
During detention in custody, you have rights.
Your rights
| Right | Explanation |
|---|---|
| Lawyer | Right to assistance and visit |
| Information | Notification of reason for arrest |
| Inform someone | Family/acquaintance may be informed |
| Medical care | Access to doctor if necessary |
| Interpreter | In case of language barrier |
After detention in custody
At the end of the detention in custody, there are several options.
Options
- Discharge: release, possibly with summons
- Preliminary detention: production before examining magistrate
- Transaction/penal order: direct settlement
Review by examining magistrate
In the event of continuation of deprivation of liberty, the suspect must be produced before the examining magistrate within 3 days + 18 hours.
Review
- Was the detention in custody lawful?
- Is pretrial detention necessary?
- Are there grounds for release?
Compensation for unlawful detention in custody
In case of unlawful detention in custody, you can claim compensation (Article 89 of the Code of Criminal Procedure).
Compensation
- €80-€130 per day (standard amounts)
- Via request to the court
- After acquittal or dismissal of prosecution
Frequently asked questions
What is my right of withdrawal?
For online purchases, you have a 14-day right of withdrawal without giving a reason, unless statutory exceptions apply.
How long does the statutory warranty last?
Goods must function for at least 2 years. Defects occurring within 6 months are presumed to have been present already.
Can I demand interest on debts?
Yes, you can demand statutory interest (currently approximately 8% per year) on the outstanding amount.
What can I do against unfair trading practices?
You can file a complaint with the consumers' association, the government, or go to court.
What is a credit agreement?
A credit agreement regulates how you borrow money, what the interest is, and how you repay it.