Terug naar Encyclopedie
Strafrecht

Investigative Interest in Custodial Detention in Den Haag

Learn about investigative interest in custodial detention in Den Haag: when detention is needed for the investigation. Rights and tips for residents of Den Haag (128 characters)

4 min leestijd

Investigative Interest in Custodial Detention in Den Haag

For residents of Den Haag, the investigative interest in custodial detention is crucial: detention of a suspect is only permitted if it is essential for a smooth-running criminal investigation. Without this interest, there is no custodial detention, which protects personal freedom and prevents unnecessary confinement in Den Haag police cells.

Legal Basis of Investigative Interest in Den Haag

The procedure for custodial detention is governed by the Code of Criminal Procedure (CCP), particularly Article 137 CCP. A suspect may only be placed in custody if there is a reasonable suspicion of guilt and detention is necessary for the investigative interest. Police and the public prosecutor in Den Haag must prove that release would harm the investigation, for example in cases in the city center or Scheveningen.

Pursuant to Article 137(1)(b) CCP, the public prosecutor assesses this interest when deciding. The examining magistrate (EM) of the Den Haag District Court reviews it upon extension (Article 139 CCP). Supreme Court rulings, such as ECLI:NL:HR:2018:1234, require concrete reasoning, not vague arguments.

What Does Investigative Interest Mean Concretely for Den Haag?

This interest concerns securing evidence, interviewing witnesses, or questioning the suspect without risk of flight or obstruction. Typical cases in Den Haag:

  • Interrogation needed to resolve inconsistencies in statements about a burglary in the Schilderswijk.
  • Risk of witness tampering in a drug case around the Weimarstraat.
  • Search of a home in Transvaal requires immediate arrest.

If this interest is absent, the suspect must be released immediately (Article 137(2) CCP). This ensures detention in Den Haag cells remains proportionate.

Conditions for Custodial Detention in the Den Haag Region

After arrest, custodial detention lasts a maximum of three times 24 hours: starting with 6 hours (Article 138 CCP), extension of 24 hours by the public prosecutor, plus 24 hours and another 24 hours by the EM of the Den Haag District Court. Each phase rigorously tests the investigative interest.

  1. Arrest: Den Haag police assess suspicion.
  2. Public Prosecutor's Decision: Within 6 hours: suspicion + investigative interest.
  3. Extensions: EM hears suspect and lawyer in Den Haag.

Comparison of Custodial Detention and Pre-Trial Detention

AspectCustodial DetentionPre-Trial Detention
DurationMax. 3x24 hoursMax. 90 days (extendable)
Assessment of Investigative InterestEssential (Art. 137 CCP)Less stringent (Art. 132 CCP: flight risk etc.)
AssessorPublic prosecutor and EMExamining magistrate and chamber
LawyerRight upon extensionAlways present

Practical Examples from Den Haag

Example: Mr. Jansen arrested for shoplifting at a supermarket on the Grote Marktstraat. Stolen goods in his bag indicate guilt, and interrogation is needed to link CCTV footage or trace accomplices. Without that: immediate release.

For a drug suspect with kilos in a home in the Den Haag Schilderswijk: clear investigative interest for questioning about distributors and phone checks. Public prosecutor approves 24 hours in custody.

Negative example: Fine for speeding on the Laan van Wateringsveld. No interest, so sent home immediately by police.

Rights of Suspects in Den Haag

During detention, the following apply:

  • Lawyer upon extension (Article 139(3) CCP).
  • Hearing before EM at Den Haag District Court.
    • Notification to relatives (Article 138a CCP).
    • Medical examination on request.

Objection? Via EM or summary proceedings at Den Haag District Court. Consult the Juridisch Loket Den Haag for free advice.

Duties of Police and Prosecution in Den Haag

Den Haag police officers document the interest in the official report; the public prosecutor provides written motivation. If missing, it constitutes unlawful detention, potentially leading to sentence reduction or compensation via the court.

Frequently Asked Questions for Den Haag

Can I refuse custodial detention without investigative interest?

No, police initiate it, but a lawyer can challenge it before the EM at Den Haag District Court. No justification? Release follows.

How long is custodial detention in Den Haag?

Max 72 hours, provided the interest holds. Often shorter in Den Haag cases.

Investigative interest gone? What then?

Immediate release. EM reviews at each step.

Compensation for errors?

Yes, complain to the Board of Procurators General or litigate civilly at Den Haag District Court.

Tips for Residents of Den Haag

  • Call a lawyer or Juridisch Loket Den Haag (070-361 99 11) immediately.
  • Ask Den Haag police for justification of the interest.
  • Note times and conversations.
  • Complaint? To the National Ombudsman or local authorities.

Read more about custodial detention in Den Haag or rights upon arrest. Contact Juridisch Loket Den Haag for assistance.

### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation