ABSTRACT
The Dutch criminal process is commonly described as consisting of an ‘inquisitorial’ investigation and an ‘accusatorial’ trial (Keulen and Knigge, 2016: 35–41). Although the 1926 Code of Criminal Procedure (hereinafter – CCP) has undergone modifications that have expanded the participatory defence rights (Reijntjes, 2017: 11), Dutch scholars characterise it as strongly influenced by the inquisitorial tradition (Spronken, 2001: 101–105; Brants, 2013). It is described as being focused on the pre-trial stage, the purpose of the trial being to review the results of the pre-trial investigation (Prakken and Spronken, 2007: 155). For most suspects, criminal proceedings begin with arrest and, subsequently, interrogation: in 2014, 286.132 suspects and 251.900 arrests were registered by the police. 1 Suspects may be kept in custody for interviewing for up to three days (incommunicado in certain cases) and in exceptional cases six days, although most are released within six to nine hours (article 56a (2) CCP). Police records of suspect interrogations are included in the case file (dossier) and admissible in evidence (Corstens, 2018: 238–239). The prosecutor is an important player in the Dutch criminal process (ibid.: 109). Prosecutors initiate the proceedings, oversee pre-trial investigations, compile the dossier and support charges in court. Recently, the role of prosecutors has grown in importance due to, inter alia, their increasing power to issue penal orders (discussed in Section 1.2).
