“Investigating officers” shall be understood to mean all persons charged with the detection of a criminal offence.
Section 128
[1.] “Being caught red-handed” shall mean being caught during or immediately after the commission of a criminal offence.
[2.] A case of being caught red-handed shall only be deemed to exist shortly after being caught committing the offence.
Section 129
Whenever reference is made to serious offences in general and any serious offence in particular, this shall include complicity, attempt and preparation to commit that serious offence, insofar as the contrary does not follow from any provision.
Section 130
Whenever a period of time is expressed in days, this shall be understood to include days off, insofar as the contrary does not follow from any provision.
Section 131
“Parents of a minor” shall be understood to mean the parents who exercise parental authority over the minor.
Section 131a
1. Whenever in this Code authority is granted to hear, examine or question persons, this shall also include, except for cases to be designated by Governmental Decree, hearing, examining or questioning by way of video conferencing, whereby there is a direct video and audio link between the persons concerned.
2. The presiding judge of the court, the judge, the examining magistrate or civil servant, who is in charge of the hearing, shall decide, taking the interest of the investigation into account, whether video conferencing will be used. Before a decision is taken, the person to be heard or his defence counsel and, as the occasion arises, the public prosecutor, shall be given the opportunity to give their opinion on the use of video conferencing. Further rules pertaining to video conferencing may be set by Governmental Decree.
3. There shall be no separate legal remedy available against the decision to use video conferencing.
4. Rules pertaining to:
a. the requirements that the technology of video conferencing must meet with a view to, inter alia, the integrity of the observations recorded;
b. the verification of compliance with the requirements referred to in (a).
shall be set by or pursuant to Governmental Decree.
81
Section 132
“Preliminary investigation” shall be understood to mean the investigation which precedes the court hearing.
Section 132a
“Detection” shall be understood to mean the investigation in connection with criminal offences led by the public prosecutor with the aim of taking decisions on the institution of proceedings under criminal law.
Section 133
“Pre-trial detention” shall be understood to mean the deprivation of liberty under any detention order, warrant of arrest or remand detention order.
Section 134
1. “Seizure of any object” shall be understood to mean the taking or holding possession of that object for the purpose of the criminal proceedings.
2. The seizure shall be terminated on account of the fact that either a. the seized object is returned, or its value is paid out;
b. the Public Prosecution Service gives the order as referred to in section 116(2)(c);
c. the authorisation as referred to in section 117 has been granted and the object has not been sold for a profit;
d. the custody under section 118(3) has been terminated due to the lapse of time and the object has not been sold for a profit.
3. “Return of seized objects” shall include the carrying out of the formalities required in connection with termination of the seizure.
Section 135
When answering the question whether, or not, a case has already been concluded, the legal effect attached to section 255 upon the emergence of new suspicions shall not be taken into consideration.
Section 136
1. “Month” shall be understood to mean a period of thirty days and “day” a period of twenty-four hours, except where the General Extension of Time Limits Act [Algemene Termijnenwet] applies.
2. “Public holidays” shall be understood to mean the holidays referred to as such in section 3 of the General Extension of Time Limits Act and the days considered as equivalent thereto by or pursuant to that section.
Section 136a
1. The following terms shall be understood to mean:
“Master”: any officer in command of a Dutch ship or seagoing fishing boat or any person who deputises for this officer;
“Persons on board”: any other person on board a Dutch ship or seagoing fishing boat; any person who temporarily leaves the vessel during the journey outside the Kingdom in Europe shall still be deemed to be a person on board;
82
“ Crew”: any person on board a Dutch ship or seagoing fishing boat who is either a ship’s officer or seaman;
“Captain”: any officer in command of a Dutch civil aircraft or any person who deputises for this officer.
2. The following terms shall be understood to mean:
“Master”: the person in command on an installation at sea designated by Us;
“ Crew”: all persons on board such an installation.
3. That which is stipulated in the preceding subsections shall not apply in cases where any provision evidently has a different meaning.
4. “Commander” shall be understood to mean the commanding officer of a Dutch war ship or a Dutch military aircraft.
Section 136b
1. “Dutch ship” shall be understood to mean that which is defined in section 86 of the Criminal Code.
2. “Installation at sea” shall be understood to mean any installation which is erected, outside the area of jurisdiction of a District Court, on the floor of the territorial sea or on that part of the North Sea whose boundaries coincide with those of the part of the continental shelf which belongs to the Netherlands.
Section 136c
“Threatened witness” shall be understood to mean a witness whose identity will not be disclosed when he is questioned by order of the court under section 226a.
Section 136d
“Protected witness” shall be understood to mean a witness deemed to be such by the court under section 226m.
Section 137
The right to inspect case documents shall include inspection of documents recorded and stored on data carriers.
Section 138
The following terms shall be understood to mean:
“Decisions given in chambers”: decisions which are not given at the court session;
“Judicial decisions”: both the decisions given in chambers and the judgments;
“Judgments”: the decisions given at the court session;
“Final judgments”: the decisions pertaining to suspension of prosecution or to declaration of lack of jurisdiction, a bar to the prosecution, inadmissibility or invalidity of the summons and those decisions given on the case at the end of the complete court hearing.
Section 138a
“DNA testing” shall be understood to mean the testing of cellular material which is aimed solely at comparing DNA profiles, establishing externally observable personal characteristics of the unknown suspect or the unknown victim or establishing consanguinity.
Section 138b
83
“An abbreviated judgment” shall be understood to mean a judgment which does not include the means of evidence or a statement thereof.
Section 138c
“An abbreviated record of the court session” shall be understood to mean a record which exclusively contains the decisions not included in the judgment, and the notes whose inclusion is required by law other than under section 326(1) or (2).
Section 138d
“Terrorist offence” shall be understood to mean that which is defined in section 83 of the Criminal Code.
Book Two. Criminal Procedure in the First Instance Part I. The Criminal Investigation
Chapter One. General Provisions Section 139 [Repealed as of 12-04-1967]
Section 140
The Board of Procurators General shall ensure proper detection of the criminal offences tried by the District Courts and the Courts of Appeal. For that purpose, it shall give the necessary instructions to the heads of the Offices of the Public Prosecution Service.
Section 140a
The Board of Procurators General shall agree in advance and in writing to a warrant as referred to in section 126ff, or an agreement as referred to in Chapter Two of Part Va of Book One and as referred to in section 126zu, and an amendment or an extension thereof.
Section 141
The following persons shall be charged with the detection of criminal offences:
a. the public prosecutors;
b. the police officers referred to in section 2(a) of the Police Act 2012, and the police officers referred to in section 2(c) and (d) of that Act, insofar as they have been appointed for the performance of police duties;
c. the military personnel of the Royal Netherlands Marechaussee designated by Our Minister of Security and Justice in agreement with Our Minister of Defence;
d. the investigating officers of the special investigation services referred to in section 2 of the Act on Special investigation Services.
Section 142
1. The following persons shall be charged as special investigating officer with the detection of criminal offences:
a. the persons to whom a deed of investigative powers has been granted by Our Minister of Security and Justice, or the Board of Procurators General;
b. the adult persons who are in the categories or are part of the units designated by Our Minister of Security and Justice;
c. the persons who have been charged under special acts with the detection of the criminal offences referred to in these acts, with the exception of the investigating officers of the special investigation services as referred to in section 2 of the Act on Special investigation Services, or who have been charged under by-laws with supervising compliance therewith, insofar as such
84
compliance involves said offences and the persons have been sworn into office.
2. The investigative powers shall extend to include the criminal offences indicated in the deed or the appointment; the deed or the appointment may stipulate that investigative powers cover all criminal offences.
3. Our Minister of Security and Justice may determine that in respect of categories or units of the special investigating officers referred to in subsection (1)(c) to be designated by him, the
investigative powers also extend to include other criminal offences; subsection (2) shall apply mutatis mutandis.
4. Rules pertaining to the granting of the deed and the making of the appointment, the territory of application of the investigative powers, the swearing into office and the training of the special investigating officers, the supervision to which they are subjected and the manner in which Our Minister of Security and Justice may terminate the investigative powers of individual persons shall be set by Governmental Decree. In addition, rules pertaining to the requirements of competence and reliability, which they must meet, may be set.
5. Notification of a decree as referred to in subsection (1)(b), or (3) shall be given by its publication in the Government Gazette [Staatscourant].
Section 143 [Repealed as of 01-01-1957]
Section 144 [Repealed as of 01-01-1957]
Section 145 [Repealed as of 01-04-1994]
Section 146
1. The powers of civil servants charged with the detection of criminal offences shall be limited to the territory for which they have been appointed or where they fulfil their duties outside that territory in accordance with the provisions of the Police Act 2012.
2. In the performance of their official acts they may request the assistance of the police and the Royal Netherlands Marechaussee.
Section 146a
At the place where they have investigative powers and within the limits of these investigative powers, the following persons shall act as assistant public prosecutor:
a. the police officers designated by Our Minister of Security and Justice who have been appointed for the performance of police duties, and the special police officers;
b. the officers of the Royal Netherlands Marechaussee;
c. the non-commissioned officers of the Royal Netherlands Marechaussee designated by Our Minister of Security and Justice in agreement with Our Minister of Defence;
d. the investigating officers of the special investigation services referred to in section 2 of the Act on Special investigation Services and Special Investigating Officers [Wet op de Bijzondere Opsporingsdiensten en Buitengewone Opsporingsambtenaren] designated by Our Minister of Security and Justice.
Section 147
1. The Public Prosecution Service may, in the interest of the investigation, request in criminal cases the assistance of persons and bodies working in the field of probation or in a similar field, and give said persons or bodies the necessary assignments in accordance with rules to be set by
Governmental Decree.
2. The persons or bodies charged with carrying out the assignments shall establish the identity of the suspect in the manner referred to in section 27a(1, first sentence) and (2), unless the assignments
85
are carried out in an institution.
Chapter Two. The Public Prosecutors Section 148
[1.] The public prosecutor shall be charged with the detection of criminal offences which are tried by the District Court in the district in which he is appointed, and with the detection of the criminal offences within the area of jurisdiction of that District Court, which are tried by other District Courts.
[2.] To that end, he shall give orders to the other persons charged with the detection.
[3.] In the event that he carries out the detection personally, he shall report his findings in an official record prepared under oath of office; in addition, the sources of knowledge must also be explicitly stated as much as possible.
Section 148a
1. The public prosecutor at the National Office of the Public Prosecution Service shall be charged with the detection of the criminal offences referred to in section 9(2).
2. Section 148(2) and (3) shall apply.
Section 148b
1. The public prosecutor at the National Office of the Public Prosecution Service for Financial, Economic and Environmental Offences shall be charged with the detection of criminal offences as referred to in section 9(3).
2. Section 148(2) and (3) shall apply.
Section 148c
The public prosecutor shall render the Advocate General, at his request, the necessary assistance in the criminal investigation in cases in appeal before the Court of Appeal.
Section 149
When the public prosecutor has been informed of a criminal offence which he is responsible for prosecuting, he shall institute the necessary criminal investigation.
Section 149a
1. The public prosecutor shall be responsible for the compilation of the case documents during the criminal investigation.
2. The case documents shall include all documents which could reasonably be relevant to the decisions to be taken by the court at the court session, subject to the provisions of section 149b.
3. Rules pertaining to the manner of compilation and organisation of the documents shall be set by Governmental Decree.
Section 149b
1. The public prosecutor may exclude certain documents or parts thereof from the case documents, if he considers such necessary with a view to the interests referred to in section 187d(1). He shall require written authorisation for that purpose, to be granted by the examining magistrate on his application. The application and the decision shall be added to
86
the case documents.
2. The public prosecutor shall prepare an official record on the application of subsection (1) and, insofar as the interests referred to in section 187d(1) permit, on the reasons for said exclusion. This official record shall be added to the case documents.
3. The public prosecutor shall retain the documents referred to in subsection (1) until the case has been concluded.
Section 150
1. The public prosecutor may appoint ex officio or on application of the suspect, in the interest of the investigation, an expert witness who is registered as expert witness in the register referred to in section 51k.
2. The authority, referred to in subsection (1), shall also be conferred on the assistant public
prosecutor insofar as this concerns the crime scene examination, with the exception of the cases in which the law prescribes otherwise. Further rules pertaining to the nature of the crime scene examination which may be ordered, may be set by or pursuant to Governmental Decree.
Section 150a
1. The public prosecutor shall notify the suspect in writing of the assignment given to the expert witness and of the time and place of the examination, if the interest of the investigation permits.
The suspect may request that an additional examination be conducted or instructions be given in regard of the examination to be conducted.
2. Notification of the results of the examination shall also be given to the suspect. The public prosecutor shall notify the suspect of the assignment given and its results as soon as the interest of the investigation permits the notification referred to in subsection (1).
3. In response to these results, the suspect may apply for a counter-examination within two weeks after notification thereof, stating for which reasons he considers the conduct of a counter-examination to be appropriate. He shall also indicate which expert witness should conduct the examination which must be equivalent to the first examination.
4. Notification of the results of an examination conducted on application of the suspect shall not be postponed.
Section 150b
1. If the public prosecutor refuses an application of the suspect for the appointment of an expert witness or the conduct of a counter-examination, supplementary examination or an examination according to specific instructions by a third party, he shall give the suspect reasoned notification thereof.
2. In response to this refusal, the suspect may apply to the examining magistrate for the appointment of an expert witness or expansion of the examination within two weeks after the notification referred to in subsection (1).
3. The examining magistrate shall decide as quickly as possible on that application and shall give the suspect and the public prosecutor notification thereof.
Section 150c
1. If the public prosecutor under section 150a(3), or the examining magistrate under 150b(3), orders a counter-examination, he shall give an expert witness an assignment for that purpose. He shall give the suspect written notification thereof.
2. The expert witness, who conducts the counter-examination, shall be enabled to conduct said
87
examination; he shall be given for that purpose access to the investigative material and the relevant data from the first examination.
3. Further rules pertaining to the conduct of the examination referred to in subsection (1) may be set by or pursuant to Governmental Decree.
Section 151
1. The public prosecutor or the assistant public prosecutor shall be authorised to enter, together with the persons designated by him, any place in order to inspect any situation on scene or any object.
2. The public prosecutor shall, insofar as the interest of the investigation permits, timely notify the suspect and his defence counsel in writing of the planned inspection. In addition, the assistant public prosecutor shall timely notify the public prosecutor of the planned inspection.
3. The public prosecutor or the assistant public prosecutor shall, insofar as the interest of the investigation permits, let the suspect and his defence counsel attend the entire or part of the inspection; they may request to be permitted to give instructions or provide information or to have certain comments included in the official record.
Section 151a
1. The public prosecutor may instruct, ex officio or on application of the suspect or his defence counsel, a third party to conduct DNA testing aimed at comparing DNA profiles in the interest of the investigation. He may request the suspect or a third party to provide cellular material for DNA testing. Except in the case of application of section 151lb or of a missing person as referred to in the last sentence, cellular material may only be taken with the written consent of the suspect or the third party. Cellular material shall be taken from the suspect only after one or more of the suspect’s fingerprints have been taken and processed in accordance with this Code and his identity has
1. The public prosecutor may instruct, ex officio or on application of the suspect or his defence counsel, a third party to conduct DNA testing aimed at comparing DNA profiles in the interest of the investigation. He may request the suspect or a third party to provide cellular material for DNA testing. Except in the case of application of section 151lb or of a missing person as referred to in the last sentence, cellular material may only be taken with the written consent of the suspect or the third party. Cellular material shall be taken from the suspect only after one or more of the suspect’s fingerprints have been taken and processed in accordance with this Code and his identity has