1. The case shall be brought before the court by means of a summons served on behalf of the public prosecutor on the suspect; the start of the criminal proceedings is thus initiated.
2. The presiding judge of the District Court shall determine, on application and recommendation of the public prosecutor, the date and time of the court session. In the determination of the date and time of the court session or later, he may order that the suspect appear in person; to that end he may also order that he be forcibly brought to court. The presiding judge may also order that a witness who, based on facts and circumstances, is not thought likely to comply with the summons to appear at the court session, be forcibly brought to court. In addition, the presiding judge of the District Court may order the public prosecutor to conduct further investigations or have others conduct further investigations, and to add data carriers and documents to the case documents or to submit convicting pieces of evidence.
3. [Repealed.]
4. [Repealed.]
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5. [Repealed.]
6. The persons as referred to in section 51e(1, first sentence),(3), (5) or (6), may request the leave of the presiding judge to have their lawyer, or an authorised representative who has been given a special power of attorney for that purpose, exercise the right vested in them to make a verbal statement at the court session. If more than three surviving relatives referred to in 51e(4)(b) have notified their wish to exercise their right to make a verbal statement at the court session, and they fail to agree among themselves which of them will address the court, the presiding judge shall decide which three persons may exercise the right to make a verbal statement.
Section 259
Criminal offences which are brought before the same court session and which are related or which have been committed by the same person, shall be joined and brought to the cognisance of the District Court, if such is in the interest of the investigation.
Section 260
1. The prosecutor may give written notice to witnesses, victims or their surviving relatives, expert witnesses and interpreters to appear at the court session.
2. If the persons as referred to in section 51e(1, first sentence), or a surviving relative as referred to in section 51e(3) and (4), and those persons who have given notice that they wish to exercise their right to make a verbal statement under section 51e(6) and (7), request in writing to be called in order to exercise the right to make a verbal statement, the public prosecutor shall comply with this request.
3. The summons of the suspect shall state the name, the profession and the place of residence or abode, or if unknown, a description of the witnesses and expert witnesses who have been called by the public prosecutor. The calling of the victim or a surviving relative for the purpose of
exercising the right to make a verbal statement at the court session, of the injured party, insofar as this has not been done under section 51g(2), and of an interpreter shall also be stated.
4. The suspect shall be informed in said summons that he has the right to have written notice given to witnesses and expert witnesses to appear at the court session or to bring them with him to the court session; he shall also be reminded of the provisions of sections 262(1), 263(2) and (3) and 278(2).
Section 261
[1.] The summons shall contain a statement of the offence which is indicted, stating at approximately which time and at which place it was allegedly committed; in addition, it shall state the statutory provisions under which the offence is punishable.
[2.] It shall also state the circumstances under which the offence was allegedly committed.
[3.] When the suspect is in pre-trial detention under a warrant of arrest or a remand detention order, whose term of validity may no longer be extended under section 66(3), the description given in that order may suffice as the statement of the offence.
Section 262
1. The suspect may file a notice of objection against the summons to the District Court within eight days after the service.
2. As long as the time limit set in subsection (1) has not expired, the District Court may only proceed with the start of the court hearing with the consent of the suspect. By giving his consent the suspect also waives the right to file a notice of objection. In the other case the District Court shall postpone the start of the court hearing for a definite or indefinite period.
Except for the case in which prosecution against the suspect is stopped in regard of the
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entire indictment, the suspect, with reference to the contents of the summons, shall be summoned and the witnesses, expert witnesses and interpreters shall be summoned or called to appear again on the day set for the court session, as soon as an irrevocable decision has been given on the entire notice of objection. Sections 263 and 265 shall apply mutatis mutandis.
3. Before taking a decision the District Court may instruct the examining magistrate to institute an investigation and have the related documents submitted to it for that purpose.
This investigation shall be conducted in accordance with the provisions of Chapters Two to Five inclusive and Seven of Part Three of this Book.
4. If the offence does not fall within the competency of the District Court, it shall decline jurisdiction.
5. If there is a bar to the prosecution, the offence to which the notice of further prosecution related is not punishable or the suspect is not criminally liable, or insufficient indication of guilt is present, then it shall stop the prosecution against the suspect in regard of the entire indictment or for a part of the indictment to be indicated in more detail in a decision given by the District Court in chambers.
6. In all other cases the District Court shall declare either the objection of the suspect
inadmissible or the notice of objection ill-founded, if necessary indicating the amendments which must be made to the indictment.
7. If the decisions declaring lack of jurisdiction or stopping the prosecution, which have been given in chambers, have become irrevocable in regard of the entire indictment, a summons already issued shall be cancelled. If the decisions declaring lack of jurisdiction or stopping the prosecution, which have been given in chambers, have become irrevocable in regard of a part of the indictment, the indictment must be amended to conform to that decision given in chambers.
Section 262a
1. In the case of a declaration of lack of jurisdiction or stopping of the prosecution, the Public Prosecution Service may file an appeal with the Court of Appeal and thereafter file an appeal in cassation within fourteen days after the decision given by the District Court in chambers.
2. The suspect may file an appeal in cassation against the decision given by the Court of Appeal in chambers within fourteen days after the service of said decision.
3. The Court of Appeal and the Supreme Court shall render a decision as soon as possible.
Section 263
1. The suspect may have witnesses and expert witnesses called to appear at the court session. The suspect who is not fluent or sufficiently fluent in the Dutch language, may apply to the public prosecutor for the assistance of an interpreter at the court session.
2. If at least fourteen days have expired between the day on which the summons was served on the suspect and the day of the court session, he shall make said application to the public prosecutor at least ten days before the court session. If the summons is served later than on the fourteenth day before the court session, the time limit shall expire on the fourth day after the day of service, nevertheless not later than on the third day before the day of the court session.
3. The application shall be made in person at the office of the public prosecutor or in writing. A written application shall be addressed to the public prosecutor. In the case of a written application other than by registered letter, the suspect shall make sure that the public prosecutor has received this application on time. He shall state the names, the occupation and the place of residence or abode, or, if unknown, he shall describe them as accurately as possible. In the case of a written
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application, the day of receipt of the letter, which shall be recorded on it straight away, shall be deemed to be the day of application.
4. The presiding judge of the District Court may order the public prosecutor to have witnesses and expert witnesses called to appear at the court session. The order shall be given in writing, stating the names, the occupation and the place of residence or abode, or, if unknown, the most precise description possible of the witness or expert witness.
5. The public prosecutor shall promptly call the witnesses or expert witnesses requested in
accordance with the preceding subsections. The District Court and the suspect shall be promptly informed in writing thereof.
Section 264
1. The public prosecutor may refuse in a reasoned decision to call a witness or expert witness requested by the suspect or the presiding judge of the District Court, if he:
a. does not consider it likely that the witness or the expert witness will appear at the court session within a reasonable period of time;
b. is of the opinion that the health and wellbeing of the witness or expert witness will be endangered by giving a statement at the court session, and the prevention of this danger outweighs the interest in being able to question the witness or expert witness at the court session;
c. is of the opinion that, in all reasonableness, the suspect will not be prejudiced in his defence as a result of this refusal.
2. The public prosecutor may refuse in a reasoned decision to call a witness or expert witness requested by the suspect or the presiding judge of the District Court or may refuse to execute an order given by the District Court to call the witness:
a. if the witness is a threatened witness or a protected witness whose identity has been concealed, or
b. if the public prosecutor has promised the witness that he will not be questioned in any other way than as a threatened witness or a protected witness whose identity has been concealed.
3. The refusal shall be promptly notified to the District Court and the suspect.
Section 265
1. A period of at least ten days must have expired between the day on which the summons in served on the suspect and the day of the court session. In the event that the examining magistrate has issued orders for the maintenance of public order in accordance with Part Seven of Book Four, a period of at least four days must have expired.
2. If the summons is served in the manner provided for in section 587(2), the suspect may have included in the record of delivery a statement in which he consents to a reduction of this time limit;
he must sign the statement; if he is unable to sign, the cause of the inability shall be stated in the record.
3. If the one or the other is omitted, the District Court shall adjourn the hearing, unless the suspect has appeared. In the latter case and if the suspect applies for a postponement in the interest of his defence, then the District Court shall adjourn the hearing for a definite period, unless it considers in a reasoned decision that, in all reasonableness, continuation of the hearing cannot prejudice the suspect in his defence.
Section 266
[1.] The public prosecutor may withdraw the summons as long as the court hearing has not yet started.
He shall notify the suspect and the injured party thereof in writing.
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[2.] The public prosecutor shall be responsible for ensuring that the called witnesses and expert witnesses are timely informed in writing of the withdrawal.
[3.] If prosecution is discontinued on or after withdrawal of the summons, then the public prosecutor shall promptly notify the suspect of discontinuance of his prosecution in regard of the offence to which the summons related. Sections 246, 247 and 255 shall apply.
Section 267
1. If the summons is withdrawn, without the suspect having been served with notice of
discontinuance of the prosecution, the District Court, on application of the suspect, shall set the public prosecutor a time limit within which either the summons, or notice of discontinuance of the prosecution must be issued. Section 255(4) shall apply.
2. On application of the public prosecutor, the District Court may extend the time limit for a definite period each time.
Part VI. Trial of the Case by the District Court