{"id":5710,"date":"2020-09-16T20:01:26","date_gmt":"2020-09-16T18:01:26","guid":{"rendered":"https:\/\/q1n54kp45c.onrocket.site\/expertise\/police-judge\/"},"modified":"2026-08-03T09:53:10","modified_gmt":"2026-08-03T07:53:10","slug":"police-judge","status":"publish","type":"expertise","link":"https:\/\/www.strafrechtadvocaten.nl\/en\/expertise\/police-judge\/","title":{"rendered":"Police Judge"},"content":{"rendered":"\n

What is the police judge?<\/h2>\n\n
    \n
  1. <\/li>\n<\/ol>\n\n

    The police judge is one of the three types of judges who handle criminal cases. While the subdistrict court judge only deals with minor offenses (infractions) and the full-bench court (three judges) handles major criminal cases, the police judge mostly handles smaller criminal cases. The police judge is a single judge sitting alone. He adjudicates crimes and may not impose a sentence higher than one year of imprisonment. <\/p>\n\n

    Which criminal cases are handled by the police judge?<\/h2>\n\n

    The police judge only handles criminal cases in which (among other things) a crime is charged. Minor offenses are handled by the subdistrict court judge. The police judge primarily handles smaller, less serious crimes and cases that are not very complex. Examples include shoplifting, simple assault, driving under the influence, and small-scale drug trafficking. <\/p>\n\n

    It is important to know that the Public Prosecution Service decides which judge a case is brought before. In theory, larger cases can also be brought before the police judge if the prosecutor sees reason to do so, for example, because they intend to demand a low sentence. <\/p>\n\n

    The police judge rules \u2013 just like the full-bench court \u2013 on all aspects of a criminal case. The police judge is therefore also authorized to make a decision on, for example: <\/p>\n\n

    bullet points pretrial detention, the claim of the injured party, any seizure, or a claim for the deprivation of illegally obtained benefits.<\/p>\n\n

    What happens during a substantive hearing before the police judge?<\/h2>\n\n

    The course of a hearing before the police judge does not differ substantially from that of the full-bench court, but the atmosphere is often slightly more informal. The hearing begins with the presentation by the prosecutor. They briefly explain what you are suspected of. After that, the judge will engage in a conversation with you. He will present the documents found in the file and ask you various questions about the charges against you. As a defendant, you have the right to remain silent at all times, including during these questions. It is advisable to consult with a criminal defense lawyer about this. The lawyers at our firm will prepare you as thoroughly as possible for what you can expect at the hearing. <\/p>\n\n

    Personal circumstances<\/h3>\n\n

    Afterwards, the judge will discuss your personal circumstances with you. It is important that the judge can form a picture of your personal situation. This is particularly relevant for the decision on the type and severity of the sentence you may receive, should you be convicted. <\/p>\n\n

    Prosecutor’s closing speech<\/h3>\n\n

    Next, it is up to the prosecutor to deliver their closing speech (requisitoir). In it, they will explain on the basis of which evidence the various charged facts can be proven, as well as what sentence you should receive for these facts. <\/p>\n\n

    Lawyer’s plea<\/h3>\n\n

    Then it is the defense’s turn. A lawyer from our firm can conduct the defense on your behalf with a closing plea. This can address the question of whether the file contains sufficient evidence for a conviction. If the file contains procedural errors, the lawyer will also raise these for you. Often, a sentencing defense is also conducted in the plea. In this, the lawyer addresses circumstances why you should receive a lower sentence than demanded. Possible defenses against a claim for damages are also presented. <\/p>\n\n

    Reply and rejoinder<\/h3>\n\n

    The prosecutor and the lawyer each get one opportunity to respond to each other. This is called reply and rejoinder. Finally, the judge gives you the opportunity to say something. The criminal case is about you, and therefore you have the last word. This is of great importance, and it is therefore good to discuss this with your lawyer in advance. <\/p>\n\n

    Verdict<\/h3>\n\n

    Then the hearing is over and the verdict follows. The police judge will explain why he considers certain facts proven or not and whether you are therefore convicted or acquitted. If you are convicted, he explains what sentence and\/or measure he will impose and informs you of the possibility of an appeal. <\/p>\n\n

    How soon does the police judge deliver a verdict?<\/h2>\n\n

    In principle, the police judge delivers the verdict immediately. This is right after the conclusion of the trial. This way, you immediately know where you stand. This verdict is delivered orally. Therefore, no extensive written judgment follows. In very exceptional cases, when the judge needs more time to reach his judgment, he can also deliver a written verdict. This follows two weeks after the hearing. <\/p>\n\n

    What sentences and measures can the police judge impose?<\/h2>\n\n

    The police judge can \u2013 with a few exceptions \u2013 impose the same sentences and measures as the full-bench court. The only restriction imposed on him is that he may not impose a prison sentence longer than one year. The police judge is free to impose a community service sentence of 240 hours or a fine of the sixth category, the legal maximums. <\/p>\n\n

    Does the judge also decide on the claim of the injured party?<\/h3>\n\n

    If you commit a criminal offense in which a victim suffers injury and\/or damage, they can submit a request for compensation. This could, for example, concern physical and mental injury from an assault, repair costs for a car after a collision, or compensation for a stolen mobile phone. <\/p>\n\n

    The police judge can grant the claim in full or in part if he is of the opinion that the claimed damage was actually suffered and you are responsible for it. If the damage is insufficiently substantiated or the fact for which you were convicted has nothing to do with this damage, the judge can dismiss the claim or declare the injured party’s claim inadmissible. In the latter case, the injured party can still bring their claim before the civil court. If you are acquitted of a crime, the injured party’s claim will also be declared inadmissible. A lawyer can conduct defenses on your behalf against a possible claim from an injured party. <\/p>\n\n

    What can you do if you disagree with the police judge’s verdict?<\/h2>\n\n

    If you do not agree with the police judge’s ruling, you have fourteen days from the verdict to lodge an appeal. The case will then be heard again at a later date by the court of appeal. <\/p>\n\n

    Why is it wise to hire a lawyer if you are summoned to appear before the police judge?<\/h2>\n\n

    Although the police judge handles smaller criminal cases, a conviction by the police judge can have far-reaching consequences for you. Having to undergo a prison sentence can turn your life upside down. Think, for example, of losing housing or losing your job. In addition, a note on your criminal record can have consequences for obtaining a Certificate of Conduct (VOG). A criminal defense lawyer who looks at your case with a critical eye and puts forward the correct legal defenses can therefore mean a lot to you. Small details found in the file that are often not immediately noticed by the judge can make the difference between a conviction and an acquittal. The lawyer can also advise you on the procedural attitude to adopt. <\/p>\n","protected":false},"parent":0,"menu_order":0,"template":"","class_list":["post-5710","expertise","type-expertise","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise\/5710","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise"}],"about":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/types\/expertise"}],"wp:attachment":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/media?parent=5710"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}