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Netherlands

Criminal investigations in the Netherlands

How investigation and charging fit together: the national police investigate under the direction of the public prosecutor, who decides whether to prosecute.

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Criminal investigation in the Netherlands is carried out by the national police, but it is directed by the public prosecutor: the Openbaar Ministerie is in charge of investigations and works with the police and other investigation services. This is a different arrangement from systems where the police both investigate and decide whether to charge.

  • What is a criminal investigation?

    A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.

  • What is due process?

    Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.

Sources

Sources

  1. Types of legal professions — Netherlands (European e-Justice Portal)

    European Commission (European e-Justice Portal) · International organisation · link verified 2026-07-26

    The European Commission's e-Justice portal page on the Netherlands, read directly. Supports: "The public prosecutor is in charge of investigations"; that at national level the OM is governed by the Board of Prosecutors General in The Hague; and that "political responsibility for the OM lies with the Minister for Justice", who together with the Board decides priorities for investigation and prosecution. An intergovernmental (EU) source describing the Netherlands; it establishes the prosecutor-led investigation and the OM's subordination to ministerial political responsibility.

  2. Organisation of the Dutch police

    Government of the Netherlands · Government publication · link verified 2026-07-26

    Government of the Netherlands topic page, read directly. Supports: there is one national police force, headed by one Commissioner, consisting of 10 Regional Units, the Central Unit and the Police Services Centre; and that the Minister of Justice and Security has full ministerial accountability for the proper functioning of the police. The statutory basis is the Politiewet 2012 (Police Act 2012); the exact article text was not quoted because the official consolidated-legislation site wetten.overheid.nl was unreachable, and the substance is established by this government page.