CRIMINAL LAW, CRIMINALITY AND THE CORRECTIONAL SYSTEM IN THE NETHERLANDS

• NCJ Number: 61356
• Author(s): J FISELIER; J W FOKKENS; L G MOOR
• Date Published: 1977
• Length: 53 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: Netherlands
• Note: PAPER PRESENTED AT THE FIRST MOECHENGLADBACH SEMINAR ON COMPARATIVE CRIMINAL JUSTICE AT MOENCHENGLADBACH, FEDERAL REPUBLIC OF GERMANY, JULY 4-18, 1977

Annotation

THIS OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM IN THE NETHERLANDS DESCRIBES THE COUNTRY'S CRIMINAL LAWS AND PROCEDURES, THE JUDICAL STRUCTURE, THE REHABILITATION AND PRISON SYSTEM, AND OFFICIAL JUDICIAL STATISTICS.

Abstract

THE FIRST SECTION OF THIS THREE-PART PRESENTATION OUTLINES SIGNIFICANT HIGHLIGHTS OF DUTCH CRIMINAL LAW AND IT POINTS OUT SEVERAL UNIQUE ASPECTS: ONLY TWO OFFENSE CATEGORIES EXIST IN THE SYSTEM, (I.E. SERIOUS AND MINOR OFFENSES); NO SPECIAL MINIMUM PENALTIES ARE SET FOR SEPARATE OFFENSES; AND JUSTICE IS ADMINISTERED ONLY BY PROFESSIONAL JUDGES. CONCEPTS EXAMINED ACCORDING TO DUTCH CRIMINAL LAW INCLUDE THE PRINCIPLE OF LEGALITY, THE DISTINCTION BETWEEN THE TWO OFFENSE CATEGORIES, INDIVIDUAL AND CORPORATE CRIMINAL LIABILITY, AND PENAL SANCTIONS. THE TEXT IDENTIFIES PENALTIES FOR ADULT OFFENDERS (IMPRISONMENT, CUSTODY, OR FINES) DESCRIBES LEGAL PROVISIONS FOR MENTALLY DISTURBED OFFENDERS. THE STRUCTURE OF THE JUDICIARY, PUBLIC PROSECUTOR RESPONSIBILITIES, AND THE ROLE OF THE POLICE ARE DETAILED ACCORDING TO THE LAW. CONSECUTIVE PHASES OF THE CRIMINAL PROCESS ARE FOLLOWED FROM POLICE EXAMINATION THROUGH PROSECUTORIAL MEASURES TO THE COURT HEARING AND SUBSEQUENT APPEAL. THE SECOND SECTION OF THE BOOK, DEVOTE TO THE REHABILITATION AND PRISON SYSTEM, PRESENTS A HISTORICAL OVERVIEW, DIFFERENTIATES BETWEEN TYPES OF CORRECTIONAL INSTITUTIONS (LONG-TERM, SHORT-TERM, AND OPEN), AND DESCRIBES REHABILITATIVE EFFORTS AND ALTERNATIVES TO INSTITUTIONALIZATION. THE THIRD SECTION DEALS WITH THE INPUT AND OUTPUT ANALYSIS OF THE DUTCH CRIMINAL JUSTICE SYSTEM, ADDRESSING SUCH ISSUES AS REPORTED AND UNREPORTED CRIMES, AND PROBLEMS OF REGISTERING CRIMINALITY AND OF INTERPRETING OFFICIAL STATISTICS. COURT AND POLICE STATISTICS ARE COMBINED IN TABULAR FORM TO ILLUSTRATE THE CASELOAD PROCESSED THROUGH THE SYSTEM IN 1972. TRENDS IN CONVICTIONS FOR SERIOUS OFFENSES ARE ILLUSTRATED THROUGH DATA ON THE INCIDENCE OF THE VARIOUS TYPES OF SERIOUS CRIMES FROM 1964 THROUGH 1971. A BIBLIOGRAPHY OF 14 ENTRIES FOLLOWS THE SECTION ON THE PRISON SYSTEM. BOTH GRAPHIC AND TABULAR DATA ARE INCLUDED.