Constitution of the Kingdom of the Netherlands (2008) (excerpts related to Fair Trial (Right to a)) (English)
Constitution of the Kingdom of the Netherlands
(excerpts)
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Article 15
1. Other than in the cases laid down by or pursuant to Act of Parliament,
no one may be deprived of his liberty.
2. Anyone who has been deprived of his liberty other than by order of a
court may request a court to order his release. In such a case he shall be
heard by the court within a period to be laid down by Act of Parliament.
The court shall order his immediate release if it considers the deprivation
of liberty to be unlawful.
3. The trial of a person who has been deprived of his liberty pending trial
shall take place within a reasonable period.
4. A person who has been lawfully deprived of his liberty may be restricted
in the exercise of fundamental rights in so far as the exercise of such rights
is not compatible with the deprivation of liberty.
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Article 18
1. Everyone may be legally represented in legal and administrative
proceedings.
2. Rules concerning the granting of legal aid to persons of limited means
shall be laid down by Act of Parliament.
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Article 113
1. The trial of offences shall also be the responsibility of the judiciary.
2. Disciplinary proceedings established by government bodies shall be
regulated by Act of Parliament.
3. A sentence entailing deprivation of liberty may be imposed only by the
judiciary.
4. Different rules may be established by Act of Parliament for the trial of
cases outside the Netherlands and for martial law.
Article 114
Capital punishment may not be imposed.
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Article 121
Except in cases laid down by Act of Parliament, trials shall be held in
public and judgments shall specify the grounds on which they are based.
Judgments shall be pronounced in public.
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