Home >
Law >
European Union Law >
Pre-Trial Detention in the Netherlands: Legal Principles versus Practical Reality

Pre-Trial Detention in the Netherlands: Legal Principles versus Practical Reality

Author: J. H. Crijns; B. J. G. Leeuw
Publisher: Eleven International Publishing
ISBN: 9789462366879
Published In: May 2016
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 305.90

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

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 is Applied

10. Conclusions and Recommendations

References.