Code Of Criminal Procedure - EJTN

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Code of Criminal ProcedureWarning: this is not an official translation. Under all circumstances the original text in Dutch languageof the Code of Criminal Procedure (Wetboek van Strafvordering) prevails. The State accepts noliability for damage of any kind resulting from the use of this translation.(Text valid on: 08-10-2012) in which the following have been incorporated in anticipation of theircoming into effect as from 1-1-2013: Act on the Partial Amendment of a Number of Acts in the Area ofSecurity and Justice [Verzamelwet Veiligheid en Justitie] (Bulletin of Acts and Decrees [Staatsblad]2011, 500), Act on the Reinforcement of the Position of the Examining Magistrate [Wet VersterkingPositie Rechter-Commissaris] (Bulletin of Acts and Decrees 2011, 600), Act of 1 December 2011 forAmendment of the Code of Criminal Procedure [Wetboek van Strafvordering] in connection with theReview of Rules pertaining to Case Documents, Reporting by the Investigating Officer and SeveralOther Issues (Review of Rules pertaining to the Case Documents in Criminal Cases [HerzieningRegels betreffende de Processtukken in Strafzaken]) (Bulletin of Acts and Decrees 2011, 601),Reform of the Judicial Map [Wet Herziening Gerechtelijke Kaart] (Bulletin of Acts and Decrees 2012,313), Act on the Establishment and Amendment of the Police Act [Invoerings- en AanpassingswetPolitiewet 2012] (Bulletin of Acts and Decrees 2012, 316), Mutual Recognition and Enforcement ofSanctions involving Deprivation of Liberty and Suspended Sanctions Act [Wet Wederzijde Erkenningen Tenuitvoerlegging Vrijheidbenemende en Voorwaardelijke Sancties](Bulletin of Acts and Decrees2012, 333) and Implementation of the Framework Decision no. 2008/978/JHA of the Council of theEuropean Union of 18 December 2008 on the European Evidence Warrant for the Purpose ofObtaining Objects, Documents and Data for Use in Proceedings in Criminal Matters (OJEU L 350)(32717)Code of Criminal ProcedureBook One. General ProvisionsPart I. Criminal Proceedings in GeneralChapter One. Introductory ProvisionSection 1Criminal proceedings shall be solely conducted in the manner provided by law.Chapter Two. Territorial Jurisdiction of the District Courts to try Criminal Offences.Section 2[1.] The following District Courts [Rechtbanken] shall have equal jurisdiction:those courts within whose area of jurisdiction the offence is committed;those courts within whose area of jurisdiction the suspect has his place of residence or abode;those courts within whose area of jurisdiction the suspect is;those courts within whose area of jurisdiction the suspect had his last known place of residence orabode;those courts before which the suspect is already being prosecuted for another offence;those courts whose area of jurisdiction borders on the territorial sea and the Amsterdam DistrictCourt, if the offence is committed at sea outside the area of jurisdiction of a District Court or on1

board a vessel that is being taken offshore;the Amsterdam District Court, the Oost-Brabant District Court, the Oost-Nederland DistrictCourt and the Rotterdam District Court, if the public prosecutor at the National Office of thePublic Prosecution Service [Landelijk Parket] is charged with the prosecution of the criminaloffence;the Amsterdam District Court, the Oost-Brabant District Court, the Oost-Nederland DistrictCourt and the Rotterdam District Court in regard of criminal offences to be designated byGovernmental Decree, with whose prosecution the public prosecutor at the National Officeof the Public Prosecution Service for Financial, Economic and Environmental Offences[Functioneel Parket] is charged.[2.] In the event of simultaneous prosecution at more than one District Court, the District Court, whichhas a higher position in this order of precedence, shall have exclusive jurisdiction, or, in the case ofDistrict Courts which have the same position in this order of precedence, the District Court at whichthe criminal proceedings were first instituted.Section 3 [Repealed as of 01-01-2002]Section 4For the purpose of determining the jurisdiction of the courts, criminal offences committed on board aDutch vessel or aircraft shall be deemed to have been committed in the Kingdom at the place wherethe owner of the vessel or aircraft resides or the company has its registered office or the vessel isregistered.Section 5If the preceding sections do not designate a competent court, the Amsterdam District Court shallhave jurisdiction.Section 6[1.] Where more than one person participates in the same criminal offence, jurisdiction in regard of oneof the persons liable as offenders or accomplices shall also imply jurisdiction in regard of theothers.[2.] In the event of simultaneous prosecution at several competent District Courts, the court beforewhich the persons liable as offenders are being prosecuted shall have exclusive jurisdiction.Where such persons are not being prosecuted before the same court, the court at which criminalproceedings against one of them were first instituted, shall have exclusive jurisdiction.[3.] If several criminal offences have been committed by more than one person, whether or not inconcert, and these offences are related to one another in such a way that it is deemed desirable totry all offences before one District Court, in the application of subsection (1) of this section, theseoffences shall be deemed to have been committed in participation.Chapter Three. Prosecution of Criminal OffencesSection 7The procurator general at the Supreme Court [Hoge Raad] shall be charged with the prosecution ofthose criminal offences which are tried at first instance by the Supreme Court.Section 8The Board of Procurators General [College van Procureurs-Generaal] shall ensure proper prosecutionof the criminal offences tried by the District Courts and the Courts of Appeal. For that purpose, it shallgive the necessary instructions to the heads of the Offices of the Public Prosecution Service.2

Section 91. The public prosecutor at the Office of the Public Prosecution Service attached to the District Courtshall be charged with the prosecution of criminal offences which the District Court tries.2. The public prosecutor at the National Office of the Public Prosecution Service shall be chargedwith the prosecution of criminal offences designated for that purpose by Governmental Decree.3. The public prosecutor at the National Office of the Public Prosecution Service for Financial,Economic and Environmental Offences shall be charged with the prosecution of criminal offenceswhose detection is deemed to be part of the duties of a special investigation service under section3 of the Act on Special investigation Services [Wet op de Bijzondere Opsporingsdiensten].4. The advocate general at the Office of the Public Prosecution Service attached to the Court ofAppeal shall be charged with the prosecution of criminal offences which the Court of Appeal tries.Section 101. The public prosecutor, who is authorised to conduct any investigation, may also conduct, or haveothers conduct, a specific investigative act within the area of jurisdiction of a District Court otherthan the one to which he is attached. In that case he shall timely notify his counterpart attached tothe District Court in question.2. In the case of urgent necessity, the public prosecutor may transfer a specific investigative act tothe public prosecutor who is attached to the District Court within whose area of jurisdiction theinvestigative act has to be conducted.3. The public prosecutor, who is authorised to be present at any investigation by a judicial authority,may also be present in such capacity within the area of jurisdiction of a District Court other than theone to which he is attached, if this investigation is conducted there.Section 11[Repealed.]Chapter Four. Complaint against Non-Prosecution of Criminal OffencesSection 121. If a criminal offence is not prosecuted, the prosecution of a criminal offence is discontinued, or thecriminal offence is prosecuted by means of the issuance of a punishment order, the directlyinterested party may file a complaint against said decision with the Court of Appeal within whosearea of jurisdiction the decision of non-prosecution or discontinuance of prosecution is taken or thepunishment order is issued. If the decision is taken by a public prosecutor at the National Office ofthe Public Prosecution Service or at the National Office of the Public Prosecution Service forFinancial, Economic and Environmental Offences, the Hague Court of Appeal shall havejurisdiction.2.“Directly interested party” shall also be understood to mean a legal person which, according to itsobjects and as evidenced by its actual activities, promotes interests that are directly affected by thedecision of non-prosecution or discontinuance of prosecution.Section 12a1. The clerk to the court of Appeal, which has received the written complaint, shall send a writtenacknowledgement of receipt to the complainant.2. After receipt of the written complaint, the Court of Appeal shall instruct the Advocate General toprepare a written report on this complaint.3

Section 12bIf the complaint does not fall within the jurisdiction of the Court of Appeal, it shall decline jurisdiction. Ifthe Court of Appeal is of the opinion that another Court of Appeal, or, in the case of section 13a, theSupreme Court is competent, then the Court of Appeal shall refer the case to the court it considerscompetent and shall send, at the same time, the written complaint and a copy of the decision given bythe Court of Appeal in chambers.Section 12cIf the complaint of the complainant is manifestly inadmissible or is manifestly ill-founded, the Court ofAppeal may declare said complaint inadmissible or ill-founded without any further hearing of the claimbeing required.Section 12d1. The Court of Appeal shall decide only after it has heard the complainant, or at any rate hasproperly called the complainant for that purpose, except for the cases referred to in sections 12band 12c.2. The Court of Appeal may decline to call the complainant to appear before it if the complainant haspreviously filed a complaint about the same offence, unless the complainant has presented newfacts and circumstances which, if they had been known to the Court of Appeal, could have led theCourt of Appeal to reach a different decision on that previous complaint.3. If the complaint is filed by more than two persons, the Court of Appeal may suffice by calling thetwo persons whose names and addresses are first mentioned in the written complaint.Section 12e1. The Court of Appeal may call the person whose prosecution is requested to appear before it inorder to give him the opportunity to respond to the request made in the written complaint and to thegrounds on which the complaint is based. A copy of the written complaint or a specification of theoffence to which the complaint relates shall be enclosed with the notice.2. An order as referred to in section 12i(1) shall be given only after the person whose prosecution isrequested has been heard by the Court of Appeal, or at any rate has been properly called for thatpurpose. Section 273(1) shall apply mutatis mutandis.Section 12f1. The complainant and the person whose prosecution is requested may have legal representationwhen appearing before the Court of Appeal in chambers. They may be represented by a defencecounsel, provided this defence counsel declares that he has been given specific authorisation forthat purpose, or by an authorised representative who has been given a special written power ofattorney for that purpose . Information regarding the right to have legal representation present andthe possibility of applying for assignment of defence counsel shall be provided in the notice.2. The presiding judge of the Court of Appeal shall permit the complainant and the person whoseprosecution is requested, and their defence counsels or authorised representatives, at theirrequest, to inspect the documents pertaining to the case, except in the cases referred to insections 12b and 12c. The presiding judge shall determine the manner in which these documentsmay be inspected. The presiding judge may, ex officio or on application of the advocate general,exclude certain documents from this inspection in the interest of protecting private life or thedetection or prosecution of criminal offences or for compelling reasons of public interest.3. The presiding judge may, ex officio or on application of the advocate general, determinethat copies of certain documents or parts thereof shall not be provided in the interest ofprotecting private life or the detection or prosecution of criminal offences or for compellingreasons of public interest.4

4. In the case referred to in subsection (3), the complainant or the person whose prosecutionis requested shall be informed in writing that he will not be provided with copies of certaindocuments or parts thereof.Section 12gThe person whose prosecution is requested shall not be obliged to answer questions posed to him atthe Court of Appeal in chambers. He shall be informed of this right before he is heard by the court andthis shall be noted in the court record.Section 12hOne of the members of the Court of Appeal may also be charged with hearing the complainant and theperson whose prosecution is requested.Section 12i1. If the Court of Appeal has jurisdiction to hear the complaint, the complaint of the complainant isadmissible and the Court of Appeal is of the opinion that prosecution or further prosecution shouldhave taken place, the Court of Appeal shall order institution or continuation of prosecution of theoffence to which the complaint relates. Unless the Court of Appeal determines otherwise, theprosecution may not be instituted or continued by the issuance of a punishment order.2. The Court of Appeal may also refuse to issue such order for reasons of public interest.3. In this order the Court of Appeal may also instruct the public prosecutor to make the application, asreferred to in section 181, requesting the examining magistrate to conduct certaininvestigative acts, or to summon the person whose prosecution is requested to appear before thecourt.4. In all other cases, the Court of Appeal shall dismiss the complaint, subject to the provisions ofsection 12b.Section 12jThe members of the Court of Appeal who ruled on the complaint shall preferably not participate in thetrial.Section 12k1. If a punishment order is issued, the complaint must be filed within three months after the date onwhich the directly interested party learned thereof.2. The complaint may also be filed after this period, if the punishment order is not fully enforced.Section 12l1. A complaint shall not be allowed in regard of criminal offences for which the prosecution againstthe suspect has been stopped or a decision given in chambers which states that the case hasended and which has been served on the suspect.2. If the complaint relates to a criminal offence for which the suspect has been served with notice of adecision to discontinue prosecution, then the complaint must be filed within three months after acircumstance has occurred from which it follows that the directly interested party learned of thenotice.Section 12m [Repealed as of 01-01-1994]Section 12n [Repealed as of 01-01-1994]5

Section 12o [Repealed as of 01-01-1994]Section 12p [Repealed as of 01-01-1994]Section 13[1.] If an application, as referred to in section 510, is not submitted, then the directly interested partymay file a complaint about the non-submission of this application with the Court of Appeal withinthe area of jurisdiction to which such application should be submitted. The Court of Appeal mayinstruct the advocate general to prepare a report on this matter and may also order the submissionof the written request.[2.] The Court of Appeal may also refuse to issue such order for reasons of public interest.3.The complaint shall be heard in accordance with sections 12a to 12l inclusive.Section 13aWhere the complaint relates to a criminal offence which is tried at first instance by the Supreme Court,the provisions of section 12-12j in regard of the Court of Appeal, the members and the advocategeneral and in regard of the Supreme Court, the members and the procurator general at that Courtshall apply.Chapter Five. Suspension of ProsecutionSection 14[1.] If the assessment of the offence as charged in the indictment depends on the evaluation of anissue in dispute in civil proceedings, the court may, irrespective of the stage of the prosecution,suspend the prosecution for a specific period in order to await the decision of the civil court on thisissue in dispute.[2.] The suspension may be extended each time for a specific period of time and may be revoked at alltimes.Section 14aIn cases concerning minor defendants, the prosecution may be suspended if, at the same time as theprosecution, an application to remove parental authority from both parents or one of them or strip bothparents or one of them of the right to exercise parental authority, or strip the guardian of the right toexercise guardianship over the defendant or an application for placement of the defendant under asupervision order has been filed, and namely until the decision thereon has become final.Section 15After notice of further prosecution or, if no notice has been given, after issuance of the summons toappear before the court, the defendant may only apply for a suspension by reason of the existence ofan issue in dispute in civil proceedings, either by notice of objection that may be filed against thisnotice or summons, or at the court session.Section 161. If the defendant suffers from such mental disease or defect to the extent that he lacks the capacityto understand the purpose of the prosecution instituted against him, the court shall suspend theprosecution, irrespective of the stage of prosecution.[2.] The suspension shall be revoked as soon as the defendant’s recovery has been established.Section 176

[1.] In the case of suspension of the prosecution, the court may nevertheless order urgent measures tobe taken.[2.] The court may order that the suspension shall not extend to the pre-trial detention.Section 18 [Repealed as of 01-01-1994]Section 191. The decisions on a suspension shall be taken, either ex officio, or on the application of the PublicProsecution Service or the defendant or his defence counsel. They shall be given by the court offirst instance, before which the case is being prosecuted or otherwise, was last prosecuted.2. All decisions given in chambers shall be promptly served on the defendant.Section 20[1.] The Public Prosecution Service may file an appeal against decisions of suspension given inchambers within fourteen days thereafter and the defendant within fourteen days after servicethereof. However, if the main case is not open to appeal then only appeal in cassation is permittedwithin the same periods of time. Appeal in cassation may be filed against decisions given by theCourt of Appeal in chambers within the same periods of time.[2.] The Supreme Court, the Court of Appeal or the District Court shall render a decision as soon aspossible. Section 19, last subsection, shall apply.Chapter Six. Matters heard by the Court in ChambersSection 21[1.] In all cases where a decision rendered by the court at the court session is not prescribed or is nottaken there ex officio, such matters shall be heard by the court in chambers. However, allapplications, requests or proposals made at the court session shall be heard and decided on atthis session.[2.] The court in chambers shall be composed as follows:a. at the District Courts, of three members or, if subsection 5(first sentence) applies, of onemember;b. at the Courts of Appeal, of three members or, if subsection 6 applies, of one member;c. at the Supreme Court, of five members or, in accordance with section 75(3) of the JudicialOrganisation Act [Wet op de Rechterlijke Organisatie], of three members.[3.] If the court in chambers has to render a decision after the commencement of the court hearing, itshall be composed as much as possible of the members who sat in the case at the court session.[4.] The member or deputy member who conducted any investigation in the case as examiningmagistrate attached to the District Court or the Court of Appeal shall not, under penalty of nullity,sit in the matter before the court in chambers, unless the investigation was exclusively conductedunder section 316(2) and the examining magistrate may also sit in the case at the continued courthearing.5. The single-judge division of the District Court may hear a case if the case is of a non-complexnature. The case shall be heard in any case by a single-judge division, if the single judge divisionof the Sub-District Court Sector hears and decides on the case. The three-judge division shall hearin any case an appeal against a decision of the examining magistrate, as well as the application ofthe Public Prosecution Service for remand detention or arrest as referred to in section 65, 66(3,last sentence) or 66a.6. The single-judge division of the Court of Appeal may hear a case if it is a case as referred to in7

section 411(2) and if it involves an application for extension of the remand detention as referred toin section 75(1).7. If the member of the District Court referred to in subsection (5) or the member of the Court ofAppeal referred to in subsection (6) is of the opinion that the case should be heard by a threejudge division, he shall refer the case to this division. The referral may be made at any stage atwhich the matter is being heard. The referred case shall be heard at the stage in which it wasbefore referral. In the assessment of the case, events which took place at the hearing of the courtin chambers and led to referral of the case may be taken into account.Section 221. The session of the court in chambers shall not take place in public, unless prescribed otherwise.2. If a public court session is prescribed, the court in chambers may order that the entire session orpart of the session shall be held behind closed doors. This order may be given in the interest ofpublic decency, public order and state security, and if required in the best interests of minors, or inthe interest of respect for the personal life of the defendant, other participants in the criminalproceedings or persons otherwise involved in the case. Such order may also be given if the DistrictCourt considers that a hearing in public would seriously prejudice the interest of the properadministration of justice.3. An order, as referred to in subsection (2), shall be given in chambers ex officio or on application ofthe Public Prosecution Service or of the defendant or other participants in the criminalproceedings. The court in chambers shall not give the order until it has heard the PublicProsecution Service, the defendant and other participants in the criminal proceedings on thismatter, if required behind closed doors.4. The court in chambers shall be authorised to establish the identity of the defendant in the mannerreferred to in section 27a(1, first sentence) and (2), and of the witness in the manner referred to insection 27a(1, first and second sentence), if there is any doubt about the identity of the defendantor the witness. Section 29a(2) shall apply mutatis mutandis to the witness.5. The presiding judge may grant persons special leave to attend the closed session.Section 231. The court in chambers shall be authorised to give the necessary orders in order to ensure that thehearing, which must precede its decision, takes place in accordance with the provisions of thisCode.2. The court in chambers shall hear, or at any rate call for such purpose, the Public ProsecutionService, the defendant and other participants in the criminal proceedings, unless prescribedotherwise. Section 22(4) shall apply mutatis mutandis.3. The defendant and other participants in the criminal proceedings may have the legalrepresentation of a defence counsel or lawyer at the session of the court in chambers.4. The Public Prosecution Service shall submit the documents pertaining to the case to the court inchambers. The defendant and the other participants in the criminal proceedings, and their defencecounsel or lawyer, may inspect these documents.5. Subsections (2) to (4) inclusive shall not apply, insofar as their application would seriouslyprejudice the interest of the investigation.Section 241. The decision given in chambers shall be reasoned.If a public session of the court in chambers is prescribed, the decision shall be pronounced in8

public.2. The decision given in chambers shall state the names of the members of the bench, and by whomand the date on which it was rendered. It shall be signed by the presiding judge and by the clerk tothe court who was present at the session of the court in chambers.3. In the absence of the presiding judge, a member of the court in chambers shall sign. If the clerk tothe court is unable to sign, this shall be stated in the decision given in chambers.4. The decision given in chambers shall be promptly sent to the defendant and other participants inthe criminal proceedings, unless prescribed otherwise.5. The requirement of prompt sending, referred to in subsection (4), shall not apply if, under section23(5), the defendant and other participants in the criminal proceedings have not been called toappear before the court. The decision shall be sent as soon as the interest of the investigationpermits such.Section 25[1.] The clerk to the court shall prepare a record of the hearing at the court in chambers, which recordshall contain the substance of the statements made and other events that took place at thathearing.[2.] If a defendant, witness or expert witness or the defence counsel or the lawyer wishes to have anystatement recorded verbatim, this shall be done as much as possible, insofar as the statementdoes not exceed reasonable limits.[3.] The presiding judge or one of the other members of the court in chambers and the clerk to thecourt shall confirm the court record and sign it as soon as possible after the close of the hearing.Insofar as the clerk to the court is unable to perform various duties, this shall be done without hisassistance and his absence shall be stated at the end of the court record.[4.] It shall be added together with the decision given in chambers and the other documents submittedduring the hearing of the court in chambers to the case documents.Section 26 [Repealed as of 01-01-2002]Part II. The Suspect or the DefendantSection 27[1.] Before prosecution has been initiated, a person shall be regarded as a suspect when a reasonablesuspicion that he is guilty of having committed a criminal offence can be derived from the facts orthe circumstances.[2.] Thereafter, a person who is being prosecuted shall be regarded as a defendant.3. The rights conferred on the suspect or the defendant shall also be conferred on the convictedoffender against whom a criminal financial investigation has been instituted or in regard of whoman irrevocable decision on an application of the Public Prosecution Service, as referred to insection 36e of the Criminal Code [Wetboek van Strafrecht], has not been rendered.Section 27a1. For the purpose of establishing the identity of the suspect, he shall be asked to state his surname,forenames, place of birth and date of birth, the address at which he is registered in the MunicipalPersonal Records Database and his actual place of abode. The establishment of his identity shallalso include an examination of an identity document as referred to in section 1 of the CompulsoryIdentification Act [Wet op de Identificatieplicht]. In the cases referred to in section 55c(2) and (3),the establishment of his identity shall also include taking one or more photographs and9

fingerprinting.2. In cases where the suspect’s fingerprints have been taken and processed in accordance with thisCode, the establishment of his identity shall include for the purpose of verification taking hisfingerprints and comparing these fingerprints to his processed fingerprints. In other cases theestablishment of his identity shall include an examination of an identity document as referred to insection 1 of the Compulsory Identification Act.Section 27b1. Our Minister of Security and Justice shall allocate a criminal law chain number to the suspectafter establishment of his identity, unless he has already been allocated a criminal law chainnumber. The criminal law chain number shall not contain any information about the suspect.2. The criminal law chain number may only be used for the exchange of personal details of suspectsand convicted offenders for the implementation of criminal law and the implementation of theForeign Nationals Act 2000 [Vreemdelingenwet 2000] in cases to be designated by GovernmentalDecree.3. The officials and agencies charged with implementing criminal law shall use the criminal law chainnumber in the exchange of personal details about suspects and convicted persons with oneanother and in the exchange of these personal details with officials who are charged withimplementing the Foreign Nationals Act 2000.4. The criminal law chain number and other data necessary to establish the identity of suspects andconvicted persons and which is designated by Governmental Decree, shall be processed in thecriminal law chain database. Our Minister of Security and Justice shall be responsible for thisdatabase.5. Rules pertaining to the processing of the data, referred to in subsection (4), shall be set by orpursuant to Governmental Decree.Section 28[1.] The suspect or the defendant shall have the right to legal representation by one or more defencecounsel of his choice or an assigned defence counsel in accordance with the provisions of theTh

European Union of 18 December 2008 on the European Evidence Warrant for the Purpose of Obtaining Objects, Documents and Data for Use in Proceedings in Criminal Matters (OJEU L 350) (32717) Code of Criminal Procedure Book One. General Provisions Part I. Criminal Proceedings in General Chapter One. Introductory Provision Section 1

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