Rechtercommissaris

Rechter-commissaris, also written as rechtercommissaris, is a judicial official in the Netherlands who serves as a supervising magistrate in criminal investigations during the pre-trial phase. Appointed by the district court, the rechter-commissaris remains independent from the Public Prosecution Service and the police while working with them to ensure that investigative methods comply with the law and protect the rights of suspects and others involved.

Core tasks include authorizing and supervising coercive investigative measures, such as house searches, seizures, interviews, and the interception of communications. The judge-commissioner also decides on requests concerning pre-trial detention or the extension of detention, and assesses the necessity and proportionality of measures taken during the investigation. In many cases, the office issues procedural orders or rulings related to access to data held by third parties or telecommunications providers and other investigative steps.

Legal framework and accountability: The office operates within the Dutch Code of Criminal Procedure and related legislation. Decisions of the rechter-commissaris are subject to appeal or review in accordance with the rules of criminal procedure and the jurisdiction of the district court.

History: The office has long served as a check on investigative power, dating from nineteenth-century reforms. Today it remains a central instrument for balancing effective investigation with due process and the protection of fundamental rights in Dutch criminal procedure.