Investigative Interest for Custody in Rotterdam
In Rotterdam, the investigative interest is a crucial legal requirement for custody: a suspect may only be detained if it is essential for the smooth progress of the criminal investigation. Without this interest, the suspect is released, protecting the personal freedom of Rotterdam residents and preventing abuse of detention.
Legal Basis of Investigative Interest
The procedure for custody is governed by the Code of Criminal Procedure (CCP), particularly Article 137 CCP. There must be a reasonable suspicion of guilt and custody must be necessary for the investigative interest. Police and the public prosecutor in Rotterdam must prove that release would disrupt the investigation, for example in complex cases in the port or the city.
Under Article 137(1)(b) CCP, the public prosecutor explicitly assesses this interest. The examining magistrate at the District Court of Rotterdam reviews extensions (Article 139 CCP). Supreme Court rulings, such as ECLI:NL:HR:2018:1234, require a concrete justification, not vague general reasons.
What Does Investigative Interest Mean in Practice?
This interest concerns securing evidence, questioning suspects, or interviewing witnesses without risk of flight or obstruction. Typical cases in Rotterdam include:
- Interrogation needed to clarify inconsistencies in statements about a burglary in the neighborhood.
- Risk of witness intimidation or contact with co-suspects in drug networks.
- On-site arrest for house searches or seizures, such as smuggling in the port.
If this interest is absent, immediate release follows (Article 137(2) CCP). This keeps detention in Rotterdam proportionate and fair.
Conditions for Custody
After arrest, custody lasts a maximum of three times 24 hours: starting with 6 hours (Article 138 CCP), extended by 24 hours by the public prosecutor, plus two times 24 hours by the examining magistrate. Each phase rigorously tests the investigative interest.
- Arrest: Rotterdam police assess the suspicion.
- Public Prosecutor's Decision: Within 6 hours: suspicion + investigative interest.
- Extensions: Examining magistrate at District Court of Rotterdam hears the suspect and lawyer.
Comparison of Custody and Pre-Trial Detention
| Aspect | Custody | Pre-Trial Detention |
|---|---|---|
| Duration | Max. 3x24 hours | Max. 90 days (extendable) |
| Review of Investigative Interest | Essential (Art. 137 CCP) | Less stringent (Art. 132 CCP: flight risk etc.) |
| Decision-Maker | Public Prosecutor and Examining Magistrate, District Court Rotterdam | Examining Magistrate and chamber, District Court Rotterdam |
| Lawyer | Mandatory for extensions | Always present |
Practical Examples from Rotterdam
Example: Mr. De Vries is arrested for theft in a supermarket on Lijnbaan. Stolen goods in his backpack indicate guilt, and interrogation is needed to link CCTV footage and possible accomplices – investigative interest present.
In a drugs case with kilos in a house in the port district: clear interest for questioning about distributors and phone analysis. The public prosecutor orders 24 hours.
Negative: A fine for speeding near Erasmus Bridge. No investigative interest, so straight home.
Rights as a Suspect in Rotterdam
During detention, the following apply:
- Right to a lawyer (Article 139(3) CCP for extensions).
- Appearance before the examining magistrate at District Court of Rotterdam.
- Notification to next of kin (Article 138a CCP).
- Medical examination on request.
Objection? Via the examining magistrate or summary proceedings at District Court of Rotterdam. Contact the Legal Aid Desk Rotterdam for free advice.
Duties of Police and Prosecution in Rotterdam
Rotterdam police document the interest in the official report; the public prosecutor provides written justification. If missing, detention is unlawful – possible sentence reduction or compensation via District Court of Rotterdam.
Frequently Asked Questions
Can I block custody without investigative interest?
No, police initiate, but your lawyer challenges it before the examining magistrate at District Court Rotterdam. Without justification, you are released.
How long maximum in Rotterdam?
Up to 72 hours, provided interest is proven each time. Often shorter.
What if interest disappears?
Immediate release; examining magistrate reviews at each step.
Compensation for errors?
Yes, complain to the Board of Procurators General or litigate civilly at District Court of Rotterdam.
Tips for Rotterdam Residents
- Call a lawyer or Legal Aid Desk Rotterdam immediately upon arrest.
- Demand justification for the investigative interest.
- Note times and conversations.
- Complaint? To the National Ombudsman or Municipality of Rotterdam for reports.
Read more about custody or rights upon arrest. Contact Legal Aid Desk Rotterdam for help.