Gyanúsított a holland büntetőjogban: az Ön jogai, felügyeleti joga és a következő lépések

You are a suspect (verdachte) in Dutch criminal law as soon as facts or circumstances give rise to a reasonable suspicion that you committed a criminal offence (Article 27 of the Dutch Code of Criminal Procedure, Wetboek van Strafvordering or Sv). A rumour or anonymous tip alone is not enough; a witness statement, camera footage or a positive test can be.

From that moment you have the right to remain silent and the right to consult a lawyer before you are questioned. Being a suspect is not a finding of guilt and does not create a criminal record.

Mikor tekint a törvény gyanúsítottnak?

Before prosecution starts, you are a suspect if concrete facts or circumstances point to your guilt of a specific offence (Article 27(1) Sv). Once the prosecution is directed against you, you are a suspect for that reason alone (Article 27(2) Sv).

The police must be able to explain afterwards, in the official report (proces-verbaal), what made you a suspect: what was seen, found, measured or stated. A defence lawyer uses that explanation to check whether the powers used against you were lawful.

The difference between witness and suspect matters. A witness heard by the examining magistrate (rechter-commissaris) must answer questions; a suspect never has to (Article 29(2) Sv). If the suspicion shifts to you during a witness interview, the police must stop, caution you and offer access to a lawyer.

Until a court has convicted you in a final judgment, you are presumed innocent. This follows from Dutch criminal procedure and from Article 6 of the European Convention on Human Rights (ECHR).

What may the police do once you are a suspect?

Suspicion opens up investigative powers, each with its own statutory basis and limits. Depending on the offence, the police may arrest you, search your home, seize and examine your phone, or order a breath or blood test.

Anyone may arrest you when caught in the act (op heterdaad). Outside that situation, an investigating officer may arrest you for an offence for which pre-trial detention is allowed.

Not every suspect is arrested. You may be invited for a voluntary interview or receive a letter naming you as a suspect. A statement made in a voluntary interview carries the same evidential weight as one made in a cell.

How long can you be held at the police station?

For an offence allowing pre-trial detention you can be held for questioning for at most nine hours; for other offences at most six hours. The hours between midnight and 9 a.m. do not count (Article 56a Sv).

After that, an assistant public prosecutor (hulpofficier van justitie) or the public prosecutor can order police custody (inverzekeringstelling) for up to three days, only for offences allowing pre-trial detention (Articles 57-58 Sv). In cases of urgent necessity the public prosecutor can extend this once by up to three days.

No later than three days and eighteen hours after your arrest, you must be brought before the examining magistrate (Article 59a(1) Sv). The examining magistrate reviews whether the custody is lawful and can order your release. Our article on letartóztatás és rendőrségi őrizet óráról órára leírja, mi történik.

Milyen jogai vannak gyanúsítottként?

Your rights apply from the first contact with the police, not only from the first court hearing. They apply together; you never have to choose between them.

• A hallgatáshoz való jog. You are not obliged to answer, and you must be told so before every interview (Article 29 Sv).
• Az ügyvédhez való jog. You may consult a lawyer (advocaat) before the first interview and have the lawyer present during police questioning. If you are arrested, a duty lawyer is arranged for this.
• A tájékoztatáshoz való jog. Before the first interview you are told which offence you are suspected of and receive written information about your rights.
• The right to an interpreter. If you do not speak sufficient Dutch, an interpreter is provided and essential documents are translated.
• Access to the case file. You and your lawyer may inspect the case documents; access can be withheld temporarily in the interest of the investigation.

Remaining silent is a right, not a strategy in itself. Sometimes an early statement prevents a detention order; sometimes any statement narrows the defence. That choice depends on the file, which is why you consult a lawyer before the interview. See our discussion of a hallgatáshoz való jog.

When is pre-trial detention possible, and for how long?

Pre-trial detention (voorlopige hechtenis) is possible mainly for offences carrying a statutory maximum of four years’ imprisonment or more, plus a list of named offences (Article 67 Sv). In addition, there must be a serious risk of flight or a weighty reason of public safety, such as a risk of reoffending or of interfering with witnesses.

The examining magistrate can order remand in custody (bewaring) for up to fourteen days (Article 64 Sv). After that, the district court in chambers (raadkamer) can order further detention (gevangenhouding) for up to ninety days (Article 66 Sv).

Detention can be suspended (schorsing) at any time, usually under conditions such as a reporting duty or a contact ban. Time in pre-trial detention is deducted from any prison sentence. Our guide to előzetes letartóztatás Hollandiában follows each decision.

What does the public prosecutor decide after the investigation?

The public prosecutor (officier van justitie) of the Public Prosecution Service (Openbaar Ministerie) decides whether to drop the case, impose a penalty order or prosecute. Prosecution is only one of the options.

A dismissal (sepot) can be unconditional, for example for lack of evidence, or conditional, for example on payment of compensation to the victim. A conditional dismissal is not a conviction, but it is registered.

For less serious offences the prosecutor can impose a penalty order (strafbeschikking) without a hearing: a fine, community service or a driving disqualification, never imprisonment. You can lodge an objection (verzet) within fourteen days after you became aware of it (Article 257e Sv). Paying the order voluntarily means you give up the right to object.

If the prosecutor prosecutes, you receive a summons (dagvaarding) stating the charge, the court and the date. The court may only rule on what the summons charges. Our article on az idézés és a tárgyalás explains how that day works.

What happens at the hearing, and what does a conviction mean?

Minor cases are heard by a single judge (politierechter); more serious cases by a three-judge chamber. The court can acquit, convict, or find the facts proven but hold you not criminally liable.

You can appeal within fourteen days after the final judgment (Article 408 Sv). A conviction leads to a fine, community service, a (suspended) prison sentence or a measure such as a driving disqualification or a compensation order for the victim.

The conviction is recorded in the Judicial Documentation System. This is checked when you apply for a Certificate of Conduct (Verklaring Omtrent het Gedrag, VOG) and can affect your access to certain jobs, firearms licences or residence procedures.

Mikor hagyod abba a gyanúsítottságot?

You stop being a suspect when the case ends: by a dismissal, an acquittal, a finding of no criminal liability, or a final conviction. Until then the prosecutor can still prosecute within the limitation period, even if nothing seems to happen.

If the case ends without a penalty or measure, you can ask the court for compensation for time spent in police custody or pre-trial detention (Article 533 Sv) and for your lawyer’s costs (Article 530 Sv). The request must be filed within three months after the case ended (Articles 529(2) and 533(3) Sv).

What should you do if you are named as a suspect?

Say as little as possible until you have spoken to a lawyer, but do cooperate with establishing your identity. Do not delete messages, contact witnesses or post about the case on social media: each of these can create a new suspicion or a ground for detention.

• Ask which offence you are suspected of and ask for written confirmation.
• Consult a lawyer before the first interview, not after the summons arrives.
• Write down what happened, when and who was present, and give that note to your lawyer only.
• Diary the deadlines: fourteen days for an objection to a penalty order, fourteen days for an appeal, three months for a compensation request.
• Keep every letter from the police, the Public Prosecution Service and the court.

termékeink büntetőjogi útmutatók cover each stage in more detail.

What can we do for you as a suspect?

termékeink büntetőjogászok assist suspects from the first police contact to appeal:

• We advise you before the police interview on whether and how to make a statement.
• We review the case file and check whether the suspicion and the powers used were lawful.
• We argue against detention and request suspension of pre-trial detention.
• We lodge an objection to a penalty order or an appeal within the fourteen-day deadline.
• We file your request for compensation for custody and legal costs within three months after the case ends.

Összegzésként

• You are a suspect when facts or circumstances give rise to a reasonable suspicion of an offence (Article 27 Sv).
• You have the right to remain silent and to consult a lawyer before questioning.
• Police custody lasts up to three days, extendable once by three days; you must see the examining magistrate within three days and eighteen hours of arrest.
• Pre-trial detention consists of up to fourteen days of remand and up to ninety days of further detention.
• Deadlines: fourteen days for objection or appeal, three months for compensation after the case ends.

Gyakran Ismételt Kérdések