Contents of the new Code of Criminal Procedure
The new Code of Criminal Procedure will consist of eight parts, or ‘books’. The changes will make the Code easier to use, improve the administration of justice by the courts, and improve the performance of the criminal justice system.
The outline policy document (Contourennota) (in Dutch), which was sent to the House of Representatives on 30 September 2015, contains a lot of information on the proposed changes to the Code. The provisional table of contents clearly shows what subjects will be covered and where.
Contents of the new Code of Criminal Procedure
Book content
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Book 1 to 8
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Book 1: General provisions
- General provisions
- Geographical jurisdiction of the district courts
- Position of the Public Prosecution Service and investigating officers
- Examining magistrates and procedural decisions by the courts
- Defendants
- Lawyers
- Victims
- Witnesses
- Experts
- Case documents
- Notification of judicial communications to the defendant and other parties to a trial
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Book 2: Preliminary investigation
- General provisions
- General criminal complaints and cases involving offences only subject to prosecution on complaint
- Powers concerning deprivation of liberty and restriction of liberty
- Powers concerning a suspect’s body and bodily material
- Powers concerning property and data
- Covert powers
- Exploratory investigation
- Powers of the examining magistrate
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Book 3: Extra-judicial forms of prosecution and disposal
- Decisions to initiate or continue a prosecution
- Penalties imposed by a public prosecutor or the police without reference to a court
- Notification of a decision not to prosecute or not to continue a prosecution
- Declaration that a case is closed
- Complaint concerning a decision not to prosecute or not to continue a prosecution
- Objection to an indictment
- Repeal and transfer of rules on suspending prosecution proceedings
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Book 4: Trial
- Bringing proceedings
- Court hearings
- Evidence
- Deliberation and judgment
- Trial before a single judge (for offences carrying maximum sentences of one year’s imprisonment)
- Trial before the limited jurisdiction sector of a district court (for minor offences)
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Book 5: Legal remedies
- Lodging and withdrawing ordinary legal remedies and waiving the right to use them
- Appeals against judgments
- Appeals in cassation
- Appeals and appeals in cassation against decisions
- Extraordinary legal remedies and requests for preliminary rulings
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Book 6: Special procedures
- Special rules of criminal procedure
- Prosecution of juveniles
- Prosecution of persons with a mental disorder or an intellectual disability (including procedure in connection with a hospital order or placement in a psychiatric hospital)
- Prosecution of legal entities
- Criminal procedure in connection with depriving someone of the proceeds of crime
- Criminal procedure in connection with public office offences
- Recusal of judges
- Complaints (for example about seizure of property)
- Disputes about jurisdiction
- Criminal procedure outside the geographical jurisdiction of a district court - Special powers
- Antisocial behaviour orders
- Eviction of squatters
- Powers of inspection to combat handling of stolen goods - Compensation and costs
- Compensation for legal action in a criminal court
- Costs
- Special rules of criminal procedure
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Book 7: International cooperation (in Dutch)
- Requests for legal assistance
- International joint investigation teams
- Transfer of criminal proceedings
- European investigation order
- European freezing order
- European evidence warrant
- European protection order
- European supervision order
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Book 8: Enforcement (in Dutch)
- General provisions
- Custodial sentences and detention orders
- Restriction of liberty penalties, orders and conditions
- Financial penalties and orders
- Additional punishments
- Judicial decisions on enforcement
- Pardon
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