The examining judge (RC) plays a crucial role as investigating judge in criminal cases. This independent judge oversees the investigative process, makes decisions on coercive measures, and carries out specific investigative duties.
What is the role of the examining judge?
The examining judge is a neutral judge who ensures that the investigative process is conducted fairly and makes decisions that require judicial oversight.
Key duties
| Duty | Description |
|---|---|
| Review of coercive measures | Decisions on pre-trial detention of suspects |
| Supervision of investigation | Oversight of investigative techniques |
| Investigative activities | Interrogation of witnesses, house searches |
| Granting permission | Approval for special investigative methods |
Pre-trial detention in Utrecht
A core responsibility of the RC is making decisions on the detention of suspects during the investigation.
Process steps
- Suspect appears before the RC
- Public prosecutor requests detention
- Defence counsel pleads for the suspect
- RC decides: detention or release
Witness examinations by the RC
At the request of the Public Prosecution Service or the defence, the RC may examine witnesses during the investigative phase.
Reasons for examination by the RC
- Witness may not be available later
- Speed is needed for truth-finding
- The defence wishes to ask questions
- Concerns a threatened or [anonymous witness](https://rechtshulprotterdam.nl/encyclopedie/anonieme-getuige-strafrecht)
Requesting a mini-instruction
The defence may request the RC to conduct additional investigation, known as a mini-instruction, before the case comes before the trial judge.
Options within mini-instruction
- Examination of witnesses
- Analysis by experts
- Inspection of a location
- Confrontation between parties involved
Approval of investigative powers
The RC grants permission for intrusive investigative methods that affect citizens' privacy.
Examples of approvals
- House search of a home
- Interception of communications
- Taking of DNA material
- Use of special investigative techniques
The independent position of the RC
The examining judge operates independently of both the Public Prosecution Service and the trial judge.
Characteristics of the RC
- Forms part of the district court
- Is not a party to the case
- Ensures legality of procedures
- Protects the rights of the suspect
Differences between RC and trial judge
| Criterion | Examining judge | Trial judge |
|---|---|---|
| Phase in proceedings | Investigative phase | Trial phase |
| Responsibility | Supervision and investigation | Judgment and sentence |
| Setting | Non-public | Public |
Local information for Utrecht
District Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal aid: Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht
Frequently asked questions about the examining judge
When do I deal with an examining judge?
As a suspect in a criminal case, you may deal with an RC in decisions on pre-trial detention or other coercive measures. Also, if your lawyer requests additional investigation or witnesses need to be heard during the investigative phase, the RC plays a role.
How does a hearing before the RC work?
A hearing before the RC is not public and more informal than a regular trial. The public prosecutor and your defence counsel are present. You get the opportunity to tell your story, and the RC decides immediately on matters such as detention or release.
Can I appeal against a decision of the RC?
Yes, against certain decisions of the RC, such as on pre-trial detention, you can appeal to the chamber of the court of appeal. Your lawyer can advise you and assist with this procedure.