Investigative Interest in Detention in Amsterdam
The investigative interest is a crucial legal requirement for the detention of a suspect in Amsterdam. It ensures that detention only occurs when it is essential for a smooth-running criminal investigation. Without this interest, the suspect is released, protecting the personal freedom of Amsterdammers and preventing abuse of detention.
Legal Basis of Investigative Interest
The procedure for detention is governed by the Dutch Code of Criminal Procedure (Sv), particularly Article 137 Sv. There must be a reasonable suspicion of guilt and detention must be necessary for the investigative interest. Police and the public prosecutor in Amsterdam must prove that release would harm the investigation. Under Article 137(1)(b) Sv, the prosecutor explicitly reviews this. The examining magistrate (RC) of the Amsterdam District Court checks extensions (Article 139 Sv). The Supreme Court has ruled in cases such as ECLI:NL:HR:2018:1234 that the reasoning must be specific and concrete.
What Does Investigative Interest Mean in Practice?
This interest concerns securing evidence, questioning the suspect or witnesses, without risk of flight or obstruction. Typical cases in Amsterdam include:
- Interrogation needed to verify statements in a burglary in the Jordaan.
- Risk of witness tampering in a drug case at the harbor.
- On-site arrest for searching a home in Oost or seizing a scooter.
If this interest is absent, immediate release follows (Article 137(2) Sv). This keeps detention in Amsterdam proportionate.
Conditions for Detention in Amsterdam
After arrest by Amsterdam police, detention lasts a maximum of 72 hours: starting with 6 hours (Article 138 Sv), extended by 24 hours by the prosecutor, plus two 24-hour periods by the RC of the Amsterdam District Court. Each phase rigorously tests the investigative interest.
- Arrest: Amsterdam police assess suspicion.
- Prosecutor's Decision: Within 6 hours: suspicion + investigative interest.
- Extensions: RC hears suspect and lawyer at the Amsterdam Penitentiary Complex.
Comparison of Detention and Pre-Trial Detention
| Aspect | Detention | Pre-Trial Detention |
|---|---|---|
| Duration | Max. 3x24 hours | Max. 90 days (extendable) |
| Review of Investigative Interest | Essential (Art. 137 Sv) | Less stringent (Art. 132 Sv: flight risk etc.) |
| Decision-Maker | Prosecutor and RC Amsterdam District Court | RC and chamber Amsterdam District Court |
| Lawyer | Right upon extension | Always present |
Practical Examples from Amsterdam
Example: Mr. Jansen is arrested for theft in a supermarket on Ferdinand Bolstraat. Stolen goods in his bag indicate guilt, and interrogation is needed to link CCTV footage and possible accomplices – investigative interest present.
For a drug suspect with kilos of cocaine in a home in Amsterdam-Noord, the interest is clear: questioning about suppliers and phone analysis. The prosecutor extends for 24 hours.
Negative example: A fine for running a red light on Stadhouderskade. No investigative interest, so straight home.
Rights of Suspects in Amsterdam
During detention in the police cell complex, you have the right to:
- A lawyer (Article 139(3) Sv upon extension).
- Appearance before the RC of the Amsterdam District Court.
- Notification to family (Article 138a Sv).
- Medical examination.
Objection? Via the RC or summary proceedings at the Amsterdam District Court. Contact the Amsterdam Legal Aid Office for free advice.
Obligations of Police and Prosecution in Amsterdam
Amsterdam police document the investigative interest in the official report. The prosecutor provides written reasoning. If absent, detention is unlawful – possibly leading to sentence reduction or compensation via the Amsterdam District Court.
FAQs for Amsterdammers
Can I refuse detention without investigative interest?
No, police decide first, but your lawyer challenges it before the RC at Amsterdam District Court. Without reasoning, you're released.
How long does it last at most in Amsterdam?
Up to 72 hours, but only with ongoing investigative interest. Often shorter with Amsterdam police.
What if the interest disappears?
Release follows immediately; RC reviews at every step.
Compensation for wrongful detention?
Yes, complain to the Board of Procurators General or start proceedings at Amsterdam District Court.
Tips for Amsterdammers
- Call a lawyer or the Amsterdam Legal Aid Office (020-4439811) immediately.
- Ask for reasoning on the investigative interest.
- Note times and conversations.
- Complaint? To the National Ombudsman or Municipality of Amsterdam.
Read more about detention in Amsterdam or rights upon arrest. For advice: Amsterdam Legal Aid Office or local specialists.