From report to judgment: the criminal procedure encompasses multiple stages. This article provides insight into how a criminal case in the Netherlands, and specifically in Utrecht, proceeds.
Stages of the Criminal Process
The criminal process can be divided into three main phases.
Summary
| Stage | Description | Main Actors |
|---|---|---|
| Investigation | Investigation into a possible offence | Police, special investigation agencies |
| Prosecution | Decision on whether or not to prosecute | Public Prosecution Service (OM) |
| Trial | Assessment by the judge | Central Netherlands District Court, suspect, lawyer, OM |
Investigation Stage
The process often starts with a report or the detection of a criminal offence.
Key Steps
- Report or discovery by authorities
- Police investigation in and around Utrecht
- Interrogation of those involved and witnesses
- Collection of evidence
- Report to the Public Prosecution Service
Prosecution Stage
The OM determines how the case will be handled.
Options of the OM
- Dismissal: no prosecution (technical or policy-based)
- Penal Order: imposition of penalty by the OM itself
- Settlement: agreement with the suspect
- Summons: bringing the case before the judge
Trial Stage
Upon summons, the judge, often at the Central Netherlands District Court in Utrecht, handles the case.
Course of the Hearing
- Opening and identity check
- Reading of the charge
- Investigation during the hearing
- Demand of the public prosecutor
- Defence by the lawyer
- Last word of the suspect
- Judgment (immediate or after deliberation)
Judge's Assessment Criteria
The judge follows a fixed procedure (art. 350 CCP).
Procedural Questions
- Is the summons correct?
- Is the judge competent?
- Is the OM authorised to prosecute?
- Are there reasons for postponement?
Substantive Questions
- Is the offence proven?
- Is the proven act punishable?
- Is the suspect responsible?
- What penalty fits the case?
Possible Judicial Decisions
| Decision | Meaning |
|---|---|
| Conviction | Offence proven, suspect guilty |
| Acquittal | Offence not proven |
| Discharge from Prosecution | Offence proven, but not punishable |
| Inadmissibility of the OM | Prosecution not permitted |
Remedies after Judgment
- Appeal: hearing at the court of appeal
- Cassation: submission of the case to the Supreme Court
- Revision: new assessment based on new information
Frequently Asked Questions about Criminal Law
What does criminal law entail?
Criminal law defines which acts are punishable and what sanctions follow. It protects society and simultaneously safeguards the rights of suspects in Utrecht and beyond.
What distinguishes substantive from formal criminal law?
Substantive criminal law specifies which acts are punishable and what penalties are possible. Formal criminal law determines the rules for investigation, prosecution, and trial.
Who enforces criminal law?
The police investigates, the OM prosecutes, and the court, such as the Central Netherlands District Court in Utrecht, adjudicates.
How are the rights of suspects protected?
Criminal law safeguards rights such as the presumption of innocence and a fair trial, also in Utrecht.
Where can I get legal assistance in Utrecht?
For advice, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55.