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ARTICLE · 07 NOVEMBER 2012

Revision Of Preliminary Criminal Investigation Phase - Update

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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Two bills dealing with the position of examining judges in criminal proceedings and revising rules concerning case files will enter into force on 1 January 2013.

NetherlandsCriminal Law
Patrick Ploeger
Patrick Ploeger
Marnix Somsen
Marnix Somsen
Roan Lamp
Roan Lamp
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Two bills dealing with the position of examining judges in criminal proceedings and revising rules concerning case files will enter into force on 1 January 2013. The new legislation is aimed at a complete revision of the preliminary investigation phase in criminal proceedings. 

Act reinforcing the position of the examining judge

Under this Act, the role of the examining judge is given a new structure and the relationship between the public prosecutor and the examining judge is more clearly expressed. The intention is that the examining judge no longer operates as an investigating judge but as a "judge in the preliminary investigation". The public prosecutor leads the preliminary investigation and the examining judge supervises how the investigation is conducted.

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