
Pre-Trial Detention in the Netherlands
Legal Principles Versus Practical Reality
- 65 pages
- English
- PDF
- Available on iOS & Android
Pre-Trial Detention in the Netherlands
Legal Principles Versus Practical Reality
About this book
The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]
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Table of contents
- Cover
- Title page
- 1 EXECUTIVE SUMMARY
- 2 INTRODUCTION
- 3 METHODOLOGY OF THE RESEARCH PROJECT
- 4 CONTEXT
- 5 PROCEDURE OF PRE-TRIAL DETENTION DECISION MAKING
- 6 SUBSTANCE OF PRE-TRIAL DETENTION DECISION MAKING
- 7 ALTERNATIVES TO PRE-TRIAL DETENTION
- 8 REVIEW OF PRE-TRIAL DETENTION
- 9 OUTCOMES OF CRIMINAL PROCEEDINGS IN WHICH PRE-TRIAL DETENTION ISAPPLIED
- 10 CONCLUSIONS AND RECOMMENDATIONS
- REFERENCES