Journal articles: 'Criminal law – Netherlands'

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Shiels, Robert S. "Scots Criminal Law in the Netherlands." Journal of Criminal Law 63, no. 2 (April 1999): 154–57. http://dx.doi.org/10.1177/002201839906300206.

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Van Calster, Patrick J. V. "Privatising Criminal Justice? Shopping in the Netherlands." Journal of Criminal Law 75, no. 3 (June 2011): 204–24. http://dx.doi.org/10.1350/jcla.2011.75.3.706.

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The Netherlands is encouraging Public Private Partnerships (PPP) for reducing problems of crime and anti-social behaviour. This article reports research done by the author on the Collective Shop Ban, allegedly the most successful form of Public Private Partnerships currently operating in the Netherlands. With the Collective Shop Ban, shopkeepers have their own measure to keep individuals who exhibit anti-social behaviour from entering their shops. In this way private parties, i.e. shopkeepers and security personnel, are co-responsible for detecting and punishing classic punishable acts such as shoplifting and fraud. The Collective Shop Ban is an interesting measure to study, all the more because it is no longer based primarily on criminal law, but on civil law. It is interesting to see to what extent the Collective Shop Ban differs from the Dutch criminal law approach, what this civil law approach means for the perpetrator, and what are the legal and societal consequences.

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Islomov, Bunyod. "MITIGATING FACTORS AND CRIMINAL DEFENSES IN CRIMINAL LEGISLATION OF THE KINGDOM OF NETHERLANDS (COMPARATIVE ANALYSIS)." Review of Law Sciences 6, no. 1 (March 15, 2022): 96–108. http://dx.doi.org/10.51788/tsul.rols.2022.6.1./trii3698.

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This article provides a comparative analysis of the criminal legislation of the Netherlands in terms of consideration of the mitigating factors and criminal defenses. This paper provides an overall exploration of mitigation of sentence institute in accordance with the present edition of the Penal Code of the Netherlands, adopted on March 3, 1881, and entered into force from September 1, 1886, and the existing edition of the Criminal Code of the Republic of Uzbekistan, adopted on September 22 and entered into force from April 1, 1995, including the issues on determining the punishment for the criminal offenses committed in mental disorder as well as insanity and diminished responsibility, for not completed offenses and the criminal complicity, exemption from liability and punishment, including criminal defenses and voluntary rejection from crime as per of Netherlands’ criminal legislation. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified, decisions on the concluded analysis and final conclusion on the implementation of some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided.

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Fedorov, Aleksandr V. "CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE NETHERLANDS." Russian investigator 10 (October 3, 2019): 73–80. http://dx.doi.org/10.18572/1812-3783-2019-10-73-80.

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The article is dedicated to issues of criminal liability of legal entities in the Kingdom of the Netherlands (the Netherlands). It is noted that the Netherlands refers to the countries the criminal laws of which are codified only in part and include special laws in addition to the national criminal code, the Dutch Criminal Code. Criminal liability of legal entities was first introduced in the Netherlands in 1950 by the special Law On Economic Crimes. Since 1976, criminal liability of legal entities has been regulated by the Criminal Code. The Netherlands has become the first country of continental Europe to include provisions concerning criminal liability of legal entities and legally equaled collective entities in the national Criminal Code. It is noted that the establishment of such liability has become possible due to viewing of criminal liability in the theory of law as a constituent part of social regulation of economic relationships, the subject of which is legal entities. The author states the views of Dutch scientists justifying the need for the introduction of criminal liability of legal entities from the sociolegal standpoint and describing its content. The range of subjects of criminal liability established for legal entities and the legal entities immune from such liability are indicated. Issues of bringing to criminal liability of legal entities having lost their legal personality as a consequence of merger, acquisition, split-up or liquidation after committing a crime are reviewed. It is emphasized that legal entities may be brought to liability for any crimes stipulated by national laws. The author also highlights the role of court judgments and the national legal doctrine for the understanding and application of provisions on criminal liability of legal entities. Types of punishments applied to legal entities are listed and the general characteristics of the criminal procedure of bringing of legal entities to criminal liability is given.

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Muzyka, V. V. "COMPARATIVE ANALYSIS OF MINORS’ CRIMINAL LIABILITY IN SOME EUROPEAN COUNTRIES." Scientific Herald of Sivershchyna. Series: Law 2022, no. 3 (December 14, 2022): 113–23. http://dx.doi.org/10.32755/sjlaw.2022.03.113.

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The article carried out a comparative analysis of minors’ criminal liability in the Federal Republic of Germany, the Kingdom of Belgium, the Portuguese Republic and the Kingdom of the Netherlands. Common and distinctive features in the system of minors’ criminal liability in these states are identified. It is noted that in each of these countries, the criminal liability of minors will differ slightly, such as the age at which a person can be held criminally liable or the types of punishments that can be applied to them. This difference can be both minimal and significant. It was determined that in the Netherlands and Portugal, a minor who has not reached the age of criminal liability (twelve years in the Netherlands and sixteen years in Portugal) cannot be held criminally liable under any circumstances. At that time, the relative criminal age in Germany is fourteen years, and in Belgium it is the age of sixteen. The following conclusions were made: the age of criminal liability is absolute in some countries and relative in others; the criminal law applicable to minors contains few criminal sanctions, in all the countries studied, the measures applied to minor offenders are mainly educational and disciplinary; in some countries it is possible to lower or increase the age of criminal liability. Proposals are made taking into account positive foreign experience regarding the improvement of national legislation. Namely, it is proposed to amend Article 22 of the Criminal Code of Ukraine by adding part 3 with the following wording: “Persons who committed criminal offenses between the ages of eighteen and twenty-one, if at the time of committing a criminal offense their moral and intellectual development was similar to minors, by court decision may be subject to criminal liability in the manner determined by Chapter XV of this Code”. Key words: minors’ criminal liability, comparative analysis, the Federal Republic of Germany, the Kingdom of Belgium, the Portuguese Republic, the Kingdom of the Netherlands.

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Prakoso, Andria Luhur, and Kuswardani. "Sexual Violence in The Framework of Criminal Law (Comparative Study Of Laws Against Rape)." SALASIKA: Indonesian Journal of Gender, Women, Child, and Social Inclusion's Studies 1, no. 1 (February 28, 2018): 39–52. http://dx.doi.org/10.36625/sj.v1i1.5.

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Crime or violence directed against women is distinct from crime in general. The characteristics of the crime include women victims, their acts against women's rights, and causing harm in the form of physical, psychological, and/or sexual. A year after Indonesia’s independence, this crime against women was regulated along with other crimes in the Criminal Code (Penal Code) through Act No. 1946. 1 on the Rule of Criminal Law, but not by using a special title with a woman's name. Accordingly, the Criminal Code, which according to history is a Dutch colonial heritage, needs to be reformed to become a better Criminal Code. This paper tries to explain the regulation of violence against women in the form of criminal acts of rape in various countries namely Malaysia, India and the Netherlands. This study is normative legal research with a comparative approach. The author will compare the substance of criminal law in the three Criminal Codes. In doing the comparison, the author focuses on the object of criminal law review, especially on the side of the act and penal sanctions. Based on the study descriptions of several foreign Criminal Codes (Malaysia, India, and the Netherlands), there are several different things in the rape arrangements in the Criminal Codes. The difference is that in Malaysia and India, the Criminal Code does not distinguish between rape (rape) and Cabul (lewd). Only the arrangement is formulated with intercourse with consent. The types of rape in India and Malaysia are more varied than the Dutch, both in terms of the act, the aspect of the perpetrator and the victim aspect. Nevertheless, the Indonesian Criminal Code is simpler than the Dutch Criminal Code. Malaysian Criminal Code has the most serious penal sanction compared to the other foreign countries (India and the Netherland) and Indonesia. The study of these three different laws in these three countries can open our eyes to reformulate the rape which is more extensively formulated from the aspects of the actions and aspects of the victims with reference from the foreign Criminal Code, and this simple study can be an input of legal material to be processed in accordance with the Nation's values Indonesia.

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Roorda, P. A. "Drug Abuse and Criminal Justice in the Netherlands." Probation Journal 33, no. 4 (December 1986): 123–26. http://dx.doi.org/10.1177/026455058603300402.

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Nugraha, Yodi. "OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN." Veritas et Justitia 6, no. 1 (June 28, 2020): 213–36. http://dx.doi.org/10.25123/vej.3882.

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In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority. This article discusses this authority to cease of terminate criminal prosecution in the name of public interest. To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands. A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.

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9

Nijboer, J. F. "Protection of Victims in Rape and Sexual Abuse Cases in the Netherlands." Israel Law Review 31, no. 1-3 (1997): 300–336. http://dx.doi.org/10.1017/s0021223700015326.

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In general, the Dutch codification of Criminal law is constructed on the basic divisions that can be found in most Civil Law jurisdictions. The substantive law and the procedure are regulated in two separate Codes: the Penal Code (Wetboek van Strafrecht) and the Code of Criminal Procedure (Wetboek van Strafvordering). The present Penal Code came into force in 1886; the present Code of Criminal Procedure in 1926. Both Codes have been reformed often, but their basic features have been preserved.The Code of Criminal Procedure regulates the due course of the procedure as a chronological sequence of investigations and decisions. A trial before a District Court (arrondissementsrechtbank), which sits as a chamber of three judges (meervoudige kamer), serves as a model for the manner in which trials must proceed. Most of its provisions are also applicable to trials before other Courts, such as those before the Court of Limited Jurisdiction (kantongerecht); the District Court with a single judge sitting alone in simple cases; the District Court, which handles appeals from the Court of Limited Jurisdiction; and the Court of Appeal, which handles appeals from the District Court.

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10

Strijards, Gerard. "The Institution of the International Criminal Court." Leiden Journal of International Law 12, no. 3 (September 1999): 671–81. http://dx.doi.org/10.1017/s0922156599000357.

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This article discusses certain key aspects arising from the negotiations leading up to the adoption of a Statute for an International Criminal Court (ICC), to have its seat in The Hague. These aspects include individual criminal responsibility regardless of status as Head of State or constitutional organ and the transformation of international criminal law into domestic law. Also discussed are the two appendices to be added to the Statute pertaining to substantive criminal law and rules of criminal evidence and procedure to be used by the Court. The author argues that the appendix on the law of criminal procedure will be of particular importance to the Netherlands as the host state. The obligations regarding legal assistance of the host state will be dependent on this.

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Shiels, Robert. "The Lockerbie Case Law." Journal of Criminal Law 66, no. 4 (August 2002): 374–79. http://dx.doi.org/10.1177/002201830206600407.

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The destruction of an aircraft while it was in flight over Lockerbie in Scotland in 1988 led to a criminal trial 12 years later. That trial took place in The Netherlands within a specially constituted court where the law applied was that of Scotland. This article describes and considers the nine reported cases that have so far resulted from the arrest and prosecution of those accused of the Lockerbie bombing.

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Laksana, Andri Winjaya. "CYBERCRIME COMPARISON UNDER CRIMINAL LAW IN SOME COUNTRIES." Jurnal Pembaharuan Hukum 5, no. 2 (August 14, 2018): 217. http://dx.doi.org/10.26532/jph.v5i2.3008.

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Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international matter, development of information and technology’s crime resulted in every country have a different policy of criminalization. The emphasis on cross-country has made a crime on the internet is not just a national issue, but has become an International problem. therefore it is important to have uniformity in the prevention of cybercrime that this crime can be solved. Based on the comparison of cybercrime that included the rules from various countries including the United States, Singapore, the Netherlands, the Philippines, Myanmar as a reference in the application of criminal law enforcement regulations regarding cybercrime seal the document.

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13

Boone, Miranda, and Philip Langbroek. "Problem-Solving Initiatives in Administrative and Criminal Law in the Netherlands." Utrecht Law Review 14, no. 3 (January 29, 2019): 64. http://dx.doi.org/10.18352/ulr.473.

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Salet, Renze, and Jan Terpstra. "Criminal justice as a production line: ASAP and the managerialization of criminal justice in the Netherlands." European Journal of Criminology 17, no. 6 (February 25, 2019): 826–44. http://dx.doi.org/10.1177/1477370819828332.

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Since the 1990s criminal justice systems in West European countries have increasingly been affected by the process of managerialization. The managerialization of criminal justice may result in fundamental tensions between different sets of values: efficiency and cost-effectiveness against values such as the rule of law or careful decision-making. This article concentrates on one example of the managerialization of criminal justice: the policy programme ASAP (As Soon As Possible) in the Netherlands, aimed at making the settlement of cases of high-volume petty crime both faster and more efficient. The introduction of ASAP has resulted in a strong standardization of work processes and strict time limits, for both the police and the public prosecution service. In this article we analyse how ASAP operates in practice and to what degree the policy goals of ASAP are realized. This analysis shows that the introduction of ASAP has transformed an important part of the Dutch criminal justice system into an assembly or production line. This example of the managerialization of criminal justice has resulted in important tensions between, on the one hand, managerial values and, on the other, the values of occupational (legal) professionalism.

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Brants, Chrisje. "Turmoil and transition ‐ problems of criminal law enforcement in the Netherlands." Policing and Society 11, no. 1 (February 2001): 29–66. http://dx.doi.org/10.1080/10439463.2001.9964855.

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Bloemberg, R. G. "The Development of the ‘Modern’ Criminal Law of Evidence in English Law and in France, Germany and the Netherlands: 1750–1900." American Journal of Legal History 59, no. 3 (August 4, 2019): 358–401. http://dx.doi.org/10.1093/ajlh/njz014.

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Abstract In this article a comparative historical analysis is given of the development of the criminal law of evidence between 1750 and 1870 in, on the one hand, English law and, on the other hand, in the continental jurisdictions of France, Germany and the Netherlands. The main argument is that, although there were significant differences, there were also important similarities in the development of the criminal law of evidence among these jurisdictions that so far have largely gone unnoticed. The article focuses on the ideas underlying the reform of the criminal law of evidence. It will be argued that there were in particular two important ideological changes in the seventeenth and eighteenth centuries that shaped the reform of the criminal law of evidence. For lack of a better term, these developments are called the ‘political-constitutional discourse’ and the ‘epistemological discourse’. The epistemological change consisted of the adoption of a probabilistic conception of the certainty that was required in criminal cases. The term ‘political-constitutional discourse’ is meant to designate the general process of rethinking the relationship between the state and its citizens that took place between the seventeenth and nineteenth centuries.

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Custers, Bart, and Lonneke Stevens. "The Use of Data as Evidence in Dutch Criminal Courts." European Journal of Crime, Criminal Law and Criminal Justice 29, no. 1 (April 13, 2021): 25–46. http://dx.doi.org/10.1163/15718174-bja10015.

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Abstract Digital traces that people leave behind in our digitalized society can be useful evidence in criminal courts. The central question of this article (how is the use of data as evidence in Dutch criminal courts regulated and, considering how these courts deal with such data as evidence in practice, what is needed?) is answered by analyzing the relevant legal frameworks for processing data in Dutch criminal courts: criminal law and data protection law. Next, current court practices are examined, by looking at typical case law and current developments in society and technology. Comparing the legal framework and actual practices, we conclude that the existing legal framework in the Netherlands does not obstruct the collection of data for evidence, but that regulation on collection (in criminal law) and regulation on processing and analysis (in data protection law) are not integrated. Remarkable is the almost complete absence of regulation of automated data analysis – in contrast with the many rules for data collection.

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Yabasun, Dersim, and Mathias Holvoet. "Seeking Asylum before the International Criminal Court. Another Challenge for a Court in Need of Credibility." International Criminal Law Review 13, no. 3 (2013): 725–45. http://dx.doi.org/10.1163/15718123-01303006.

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In 2012 the International Criminal Court (ICC) celebrates its ten-year anniversary since its establishment. It is fair to say that the current age of the Court reflects its present maturity. At the time of writing, the Court has finally rendered its first verdict, by condemning the Congolese warlord Thomas Lubanga for the conscription of child soldiers after a rather wobbly trial that took 6 years. In May 2011, the Court faced another unprecedented challenge. Four witnesses transferred from the Democratic Republic of the Congo (DRC) to testify in the Lubanga and Katanga & Ngudjolo Chui (hereinafter: Katanga) trials, applied for asylum in the Netherlands. This matter, which was not anticipated in the Statute or secondary sources of ICC law, raises issues concerning the cooperation between the ICC, the Netherlands as host state and the DRC, and raises intriguing questions about the interaction of international criminal law and international refugee law.

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Kristian, Kristian. "The Legal Comparison Concerning the Legislation Policy of Criminal Acts Towards Religion and Religious Life in the Books of Indonesian Criminal Law Year 2018 and Wetboek Van Strafrecht Year 2014." International Journal of Social Sciences and Humanities Invention 6, no. 2 (February 28, 2019): 5319–29. http://dx.doi.org/10.18535/ijsshi/v6i2.08.

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This paper aims at comparing legislation regarding criminal acts against religion and religious life as well as religious facilities in the National Criminal Code (RKUHP) drafted in July 2018 with the new Dutch Criminal Law (Wetboek van Strafrecht) in 2014. This research was carried out through normative juridical research methods and legal comparisons. The type of data used in this study is focused on secondary data further divided into primary, secondary and tertiary legal materials. The data collection in this study was conducted with a study of documentation and literature study, while the data analysis method in this study was qualitative and descriptive. The results of the study show that the legislation regarding criminal in fact acts against religion and religious life and religious facilities in the positive law in Indonesia, especially in the draft version of the national Criminal Code (RKUHP) in July 2018, which is a reflection that Indonesia adheres to the concept of the Pancasila law as a religious nation state, where all lives in Indonesia must be based on the trust in the One Godhead. The legislation policy (as the most strategic stage in the prevention of crime by using criminal law facilities) relating to criminal acts against religion and religious life and religious facilities in the July 2018 version of the Criminal Code (RKUHP) is based on the theory of Religionsschutz Theorie, Gefuhlsschutz Theorie and Friedensschutz Theorie. This is conducted solely because religion is a legal interest that must be protected. Insults or other similar things can interfere with religious life and endanger the peace and security of living in a society as well as endangering national unity and security. The results of the study also show that the legislation regarding criminal acts against religion and religious life and religious facilities as stipulated in the draft version of the national Criminal Code (RKUHP) version of July 2018 unlikely refers to the development of legislation regarding "Godslasteringswet" in the Netherlands. It is because the current legislation on "Godslasteringswet" in the Netherlands apparently is not regulating much about criminal acts against religion and religious life and religious facilities (legislation policies in the Netherlands are more inclined to humiliation and discrimination based on religion or at least disruption to activities worship). Thus, it can be stated that the legislation regarding criminal acts against religion and religious life and religious facilities is a typical legislative policy, and thus is in accordance with the needs of the Indonesians as a multi-religion nation

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Yuspin, Wardah, and Ajlin Ajlin. "History of the Implementation and Development of the Criminal Law (KUHP) of the Dutch Colonial Heritage in Indonesia." International Journal of Social Science Research and Review 5, no. 9 (September 28, 2022): 514–20. http://dx.doi.org/10.47814/ijssrr.v5i9.596.

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This study uses a qualitative method with a historical approach. The purpose of this paper is to know the history of the development of the Indonesian Criminal Code, the benefit of this writing is to add insight into legal knowledge, the previous article only explained the history of the Criminal Code, while this article explains why the Dutch Criminal Code inherited from the Dutch colonial era was enacted in Indonesia, Talking about criminal law, of course we discuss about behavior that should be done and should not be done, criminal law is the whole of the regulations that determine what actions are prohibited which are included in criminal acts, as well as determine what penalties can be imposed on those who commit them, criminal law that applies in Indonesia is a Dutch colonial heritage which was formerly known as Wetboek van Strafrecht voor Netherlands Indie,After Indonesia's independence from the Dutch colony in 1945, Indonesia carried out the integration and codification of the Dutch Colonial heritage law into Wetboek van Strafrecht (WvS) which was later known as the Criminal Code, the basic reason for the enforcement of the colonial law was because Indonesia did not yet have written criminal law that is universally applicable in the country of Indonesia, the implementation of the criminal law of the Dutch colonial heritage is not something special for the Indonesian people because the criminal law is not made based on the characteristics of the Indonesian nation. , how is the problem of the Indonesian Criminal Codewhat is the problem with the Indonesian Criminal Code.

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Keiler, Johannes. "Terrorist Speech and the Criminal Law – A Comparative Analysis." European Journal of Crime, Criminal Law and Criminal Justice 25, no. 3 (July 20, 2017): 230–59. http://dx.doi.org/10.1163/15718174-02503003.

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This article examines the ways that the criminal justice systems of England and the Netherlands deal with terrorist speech in the form of direct and indirect incitement to terrorism. This contribution commences with a discussion of the conditions under which the criminalisation of terrorist speech is justified. That discussion identifies criteria that must be satisfied if liability for terrorist speech is to be justified. The specific English and Dutch legal frameworks for addressing terrorist speech are then assessed in light of those criteria. This comparison provides the vantage point for a critical analysis of the merits and defects of terrorist speech offences. This contribution ends by identifying and discussing doctrinal elements that must be considered in order to ensure compliance with fundamental principles of criminal law and to prevent over-criminalisation.

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Waditra, Vitrona Adhe, Rahtami Susanti, and Bayu Setiawan. "Law Enforcement on The Case Of Setting The Score in Soccer Competition (Comparative Study in Indonesia, Netherland, and Italy)." UMPurwokerto Law Review 2, no. 2 (September 29, 2021): 134. http://dx.doi.org/10.30595/umplr.v2i2.9606.

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Setting scores in football matches often occur whether coaches, players, or match officials do it. Several countries such as Italy, the Netherlands, and Indonesia already have regulations containing legal sanctions for these practices. This study used a normative juridical method obtained through a literature review, then analyzed qualitatively normative. This study aims to determine the law enforcement of scoring cases in soccer matches in Indonesia, the Netherlands, and Italy. The results showed that scoring arrangements in Indonesia could be acted upon under Law No. 20 of 2001 on amendments to Law No. 31 of 1999 concerning the Eradication of Corruption, while in the Netherlands, it used Wetboek van Strafrecht (Criminal Code) article 326, and in Italy regulated in Legge 13 dicembre 1989 n.401: truffa sportiva.Keywords: Score Setting, Football.

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Maguire, Amy, Alexandra Garnham, Amy Elton, and Jessica Heaney. "Delivering International Criminal Justice through Domestic Law? The Case of Flight MH17." Australian Year Book of International Law Online 40, no. 1 (December 7, 2022): 303–42. http://dx.doi.org/10.1163/26660229-04001013.

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Abstract In July 2014, 298 civilians aboard Malaysia Airlines Flight MH17 were killed when their aircraft was shot down over an active war zone in eastern Ukraine. Since that time, a Joint Investigative Taskforce has worked to unearth the facts of the incident. A trial is underway in the Netherlands against four suspects accused of shooting down the passenger plane and murdering all on board, although its progress has been slowed by the COVID-19 pandemic. This article evaluates the means chosen by the Joint Investigative Taskforce and Dutch prosecutors to attribute criminal responsibility through the lens of international criminal justice. We consider the unique circumstances of the case including the collection of evidence in a conflict zone, the choice of legal forum and charges, the trial in absentia of the accused, the recognition of victims’ families’ rights to justice and the potential implication of the Russian Federation in the prosecution. In July 2014, 298 civilians aboard Malaysia Airlines Flight MH17 were killed when their aircraft was shot down over an active war zone in eastern Ukraine. Since that time, a Joint Investigative Taskforce has worked to unearth the facts of the incident. A trial is underway in the Netherlands against four suspects accused of shooting down the passenger plane and murdering all on board, although its progress has been slowed by the COVID-19 pandemic. This article evaluates the means chosen by the Joint Investigative Taskforce and Dutch prosecutors to attribute criminal responsibility through the lens of international criminal justice. We consider the unique circumstances of the case including the collection of evidence in a conflict zone, the choice of legal forum and charges, the trial in absentia of the accused, the recognition of victims’ families’ rights to justice and the potential implication of the Russian Federation in the prosecution.

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Tavernier, Paul. "The experience of the International Criminal Tribunals for the former Yugoslavia and for Rwanda." International Review of the Red Cross 37, no. 321 (December 1997): 605–21. http://dx.doi.org/10.1017/s0020860400077718.

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The ancient dream of international criminal jurisdiction is gradually becoming a reality. Article 227 of the 1919 Treaty of Versailles provided that German Emperor Wilhelm II should be tried by an international court to answer charges of “flagrant offences against international morality and the sacred authority of treaties”. But since the Netherlands refused to give up the accused, the trial never took place, and Wilhelm II died in exile in Holland in 1941. Articles 228 and 229 of the Treaty providing for the prosecution of war criminals were applied in a disappointing way in the Leipzig trial. The Nuremberg and Tokyo trials after the Second World War undeniably represented progress towards the creation of a body with truly international criminal jurisdiction, but they were greatly influenced by their origins and in effect applied the law and justice of the victors rather than those of the universal community of States.

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Pakes, Francis. "The ebb and flow of criminal justice in the Netherlands." International Journal of the Sociology of Law 34, no. 3 (September 2006): 141–56. http://dx.doi.org/10.1016/j.ijsl.2006.08.001.

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De Coensel, Stéphanie. "Self-Study, Obtaining or Viewing Terrorist Material Over the Internet: A Legitimacy Test of Consumer-Oriented Criminal Law Provisions in Four Western-European Countries." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 4 (December 16, 2020): 379–406. http://dx.doi.org/10.1163/15718174-bja10006.

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Abstract The internet is a key source of information, communication and propaganda in the context of terrorism. Policymakers increasingly resort to measures that monitor, control and punish internet-related activity. One type of measures concerns the criminalisation of consumers of certain terrorist material over the internet, ranging from self-study over more specific autonomous provisions. This contribution aims to subject this criminal law approach to a legitimacy test, studying the minimum standards of the European Union, as well as the legal framework of four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom). This critical-legal analysis consists of a remote harm analysis, a human rights assessment and a necessity argument. It is argued that the expansion of the scope of criminal liability to a pre-crime era conflicts with certain premises of criminal law and human rights law.

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Yanev, Lachezar. "Dutch Criminal Justice for Ethiopian War Crimes." Journal of International Criminal Justice 17, no. 3 (July 1, 2019): 633–59. http://dx.doi.org/10.1093/jicj/mqz023.

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Abstract The past few years have witnessed a proliferation of universal jurisdiction proceedings in Europe, many of which concern asylum seekers suspected of committing international crimes in Syria and the wider region. Alongside the known practical challenges of such trials, these trials also raise a range of normative questions regarding inter alia the scope of universal jurisdiction and the applicable legal standards in such proceedings. This article unpacks several such questions through the lens of a recent Dutch case in which a former refugee, who was granted asylum in The Netherlands and later obtained Dutch citizenship, was tried and convicted by a local court in The Hague of war crimes committed in Ethiopia four decades ago. The judges used an amalgam of Dutch and (customary) international criminal law to convict the accused. They defined the charged war crimes in strict conformity with the standards established in international legislation and jurisprudence, relied exclusively on Dutch law to define one of the applied modes of criminal liability (co-perpetration), and synthesized Dutch and international law to define the other (command responsibility). To what extent does the notion of universal jurisdiction accommodate such choices of law, and how is the use of domestic criminal law on modes of liability in such proceedings compatible with the principle of legality?

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Siegel, Dina. "Human trafficking and legalized prostitution in the Netherlands." Temida 12, no. 1 (2009): 5–16. http://dx.doi.org/10.2298/tem0901005s.

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On 1 October 2000, the Netherlands became the first European country to legalize prostitution as a profession, with its rights and duties. On the other hand, this new Dutch law excluded those sex workers, who come from outside the EU. The majority of women working in the sex industry, who are considered illegal migrants in the Netherlands, had two choices: either leaving the country or disappearing into the illegal criminal circuit. For law enforcement and assistant services, it became extremely difficult to control the sector. In this paper, the consequences of the 'Brothel Law' are presented. What happens with illegal non-European sex workers in the Netherlands, how the problem of human trafficking is constructed in Dutch media and combated in the country, what could be learned from the 'Dutch case'? The paper aims to answer these questions and contribute to the general study on human trafficking and voluntary prostitution in Europe.

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Bottomley, A. Keith. "Blue-prints for Criminal Justice: Reflections on a Policy Plan for the Netherlands." Howard Journal of Criminal Justice 25, no. 3 (August 1986): 199–215. http://dx.doi.org/10.1111/j.1468-2311.1986.tb00558.x.

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Harman, Philip. "IS THE LAW MOVING? A STUDY OF CRIMINAL JUSTICE REFORM IN THE NETHERLANDS." Tilburg Law Review 4, no. 1 (January 1, 1995): 29–64. http://dx.doi.org/10.1163/221125994x00096.

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Malsch, Marijke. "Compensation of Non-Material Damage in Civil and Criminal Law in the Netherlands." International Review of Victimology 9, no. 1 (January 2002): 31–42. http://dx.doi.org/10.1177/026975800200900103.

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Schüklenk, Udo. "Should we use the criminal law to punish HIV transmission?" International Journal of Law in Context 4, no. 3 (September 2008): 277–84. http://dx.doi.org/10.1017/s1744552308003042.

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Legislators around the world are grappling with the question of whether or not the criminal law should be deployed in order to punish HIV transmission that is the result of voluntary sexual encounters between competent, consenting adults. A few years ago, when I was working in South Africa, that country’s Law Reform Commission proposed to declare HIV transmissions that are the result of voluntary sexual encounters among competent consenting adults a criminal offence that ought to fall under the category of rape (Schüklenk, 2003). Rape and voluntariness do not go too well together, so – not being a lawyer – I was surprised about the seemingly otherworldly machinations of legal minds in the context of HIV/AIDS. Matthew Weait points out in his book Intimacy and Responsibility: The Criminalisation of HIV Transmission that many liberal democracies have made HIV transmission a criminal offence, among these Canada, Sweden, Germany, Norway, Denmark, the Netherlands, the UK and many others. In most countries, HIV infected people who demonstrably knew about their infection have been successfully prosecuted for transmitting HIV to their sexual partners.

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Wemmers, Jo-Anne. "Victims in the Dutch Criminal Justice System: The effects of Treatment on Victims’ Attitudes and Compliance." International Review of Victimology 3, no. 4 (January 1995): 323–41. http://dx.doi.org/10.1177/026975809500300405.

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The present study attempts to address the question of how victim notification influences the relationship between victims and the criminal justice system. It examines empirically the effects of victim notification on their satisfaction with the performance of the public prosecution, their feelings of obligation to obey the law and law-abiding behavior. It does so by reporting the results of a survey that was conducted as part of the evaluation of new measures to improve the position of victims within the criminal justice system, which are currently being introduced in the Netherlands. Procedures that allow the passive participation of victims in the criminal justice procedure are judged to be more fair than procedures which exclude victims. Moreover, how victims are treated by the prosecution has a significant impact on their subsequent attitudes towards authorities and their law abiding behaviour. Following a review of the literature concerning the impact of victim participation in the criminal justice system and a description of recent developments in the treatment of victims in the Dutch criminal procedure, the method and results of the present study are described. The paper closes with a discussion of the findings and their implications for victim policy.

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Kurtovic, Elina, and Marti Rovira. "Contrast between Spain and the Netherlands in the hidden obstacles to re-entry into the labour market due to a criminal record." European Journal of Criminology 14, no. 5 (November 15, 2016): 505–21. http://dx.doi.org/10.1177/1477370816675375.

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This article aims at analysing the differences between European countries in the obstacles ex-offenders face due to having a criminal record. First, a comparative analytical framework is introduced that takes into account all the different elements that can lead to exclusion from the labour market by the dissemination of criminal record information. This model brings together social norms (macro level), social actors (meso level) and individual choices (micro level) in the same framework. Secondly, this model is used to compare the different impact of having a criminal record in Spain and the Netherlands. This comparison highlights three important findings: (1) the difference between norms of transparency/privacy and inclusive/exclusive ideals, (2) the significant role of social control agents, such as probation agencies and the ex-offenders’ social network, in shaping the opportunities that they have, and (3) self-exclusion seems to be a key mechanism for understanding unsuccessful re-entry into the labour market.

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Oerlemans, J. J., and D. A. G. van Toor. "Legal Aspects of the EncroChat Operation: A Human Rights Perspective." European Journal of Crime, Criminal Law and Criminal Justice 30, no. 3-4 (December 27, 2022): 309–28. http://dx.doi.org/10.1163/15718174-bja10037.

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Abstract In the EncroChat operation, French law enforcement authorities collected over 120 million messages from 60.000 EncroChat users. They cooperated with Dutch law enforcement authorities and Europol in a Joint Investigation Team. In the Netherlands, EncroChat data has already been used in over 200 criminal cases. This article examines what lessons can be learned from the Dutch experience with the EncroChat operation from a human rights perspective, in particular the right to a fair trial.

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Buijsen, Martin. "Mutatis mutandis … On Euthanasia and Advanced Dementia in the Netherlands." Cambridge Quarterly of Healthcare Ethics 31, no. 1 (January 2022): 40–53. http://dx.doi.org/10.1017/s0963180121000475.

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AbstractEuthanasia and physician-assisted suicide are common practice in the Netherlands. In response to increasing requests from patients to end their lives, physicians are finding themselves placed in particularly precarious situations because of advance directives written by patients suffering from severe dementia. In April 2020, the Supreme Court of the Netherlands issued two judgments in the so-called Dormicum case: a case involving the deliberate termination of the life of a 74-year-old woman suffering from advanced dementia by a geriatrician in a nursing home in The Hague. The judgment of the lower criminal court was upheld, but the sanction imposed by the appellate disciplinary court was quashed. In this paper, the author reviews the two Supreme Court rulings, argues that both are fundamentally flawed and raises questions as to what they mean for Dutch criminal law, physicians, and patients going forward.

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Caless, B. "Dina Siegel. MOBILE BANDITRY; EAST AND CENTRAL EUROPEAN ITINERANT CRIMINAL GROUPS IN THE NETHERLANDS." Policing 8, no. 3 (June 16, 2014): 284–85. http://dx.doi.org/10.1093/police/pau020.

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Spapens, Toine. "Interaction between criminal groups and law enforcement: the case of ecstasy in the Netherlands." Global Crime 12, no. 1 (February 13, 2011): 19–40. http://dx.doi.org/10.1080/17440572.2011.548955.

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Gayratovna, Kamalova Dildora. "LIABILITY FOR PREPARATION TO COMMIT A CRIME IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES (COMPARATIVE LEGAL ANALYSIS)." American Journal of Political Science Law and Criminology 4, no. 12 (December 1, 2022): 36–40. http://dx.doi.org/10.37547/tajpslc/volume04issue12-07.

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The article highlights the issues related to inchoate crimes, preparing for a crime, the basis of liability and punishment for it on the example of foreign countries and national legislation. The author analyzed the issue of liability for preparation of a crime from a comparative legal point of view based on the criminal law of France, the Netherlands, the FRG, Great Britain, and the USA. Based on the study of the criminal legislation of these countries, the author draws a conclusion that in terms of liability for inchoate crimes, there is no criminal liability for preparation for a crime and certain forms of preparation for a crime are considered attempts to commit a crime.

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van Rossum, Roel. "Adjudication of International Crime in the Netherlands." International Journal of Legal Information 39, no. 2 (2011): 194–209. http://dx.doi.org/10.1017/s0731126500028109.

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During the Second World War, the government of the Netherlands realized that it had no adequate penalization system in place for wartime offences. Thus, the Criminal Law Wartime Occupation Decree of 22 December 1943 (BBS, Stb. D 61) was enacted to penalize offences committed during wartime. This emergency legislation was recognized as legally valid after the war. It then took until the Wartime Offences Act of 10 July 1952 (effective date 5 August 1952, the “WOS”) for wartime offences to be subjected to specific penalties. This was followed by separate statutes penalizing genocide (Genocide Convention Implementation Act of 2 July 1964, effective date 24 October 1970) and torture (Torture Convention Implementation Act of 29 September 1988, effective date 20 January 1989).

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Coensel, Stéphanie De. "Terrorists on the Move: A Legitimacy Test of the Criminal Law Approach on Foreign Fighters in Western Europe." European Criminal Law Review 10, no. 2 (2020): 185–217. http://dx.doi.org/10.5771/2193-5505-2020-2-185.

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The conflict in Syria and Iraq has raised the debate on foreign fighters to unprecedented levels. The international community expressed grave concern over this acute and growing threat and addressed the problem by, inter alia, obliging States to criminalize conduct related to travel for terrorist purposes, including acts of facilitating and funding such travel. Member States are free to choose the manner of implementation, leading to different approaches on a domestic level. This contribution aims to subject the criminal law approach regarding foreign fighters in four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom) to a legitimacy test. The longstanding principles of subsidiarity, proportionality and legality constitute the backbone of this legitimacy test. A critical-legal analysis demonstrates the expansion of the scope of criminal liability to a pre-crime era and examines whether this expansion conflicts with the ultima ratio premise of criminal law and the freedom of movement as a fundamental human right.

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Chandra, Erika. "Victimless Crime in Indonesia: Should We Punished Them?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 02 (August 2019): 216–32. http://dx.doi.org/10.22304/pjih.v6n2.a1.

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Criminal act deserves punishment because it causes harmful to its victim. However, some criminal acts may be considered as victimless crime since the perpetrator is also the victim. They are, for example, drug abuse, gambling, and abortion. In many states, such as Netherlands, victimless crime like drug abuse are no longer considered to be punishable crime since they use harm reduction approach for drug abuse problem. Drug abuse is seen as a health issue, not a criminal law issue. On the contrary, Indonesia still considers victimless crime to be punishable. The Indonesian Penal Code and Narcotics Law, for example, regulate that drug abuse is punishable. Indonesian criminal policy uses zero tolerance approach. Hence, the criminal policy is to eradicate all narcotics offences, including drug abuse. Nevertheless, it is not a solution for the problem drug abuse. Furthermore, the number of Indonesian drug user is increased. The policy has also caused overcrowd in Indonesian correctional institutions. Considering its unique characteristic and contemplating the purpose of punishment itself, punishment for victimless crime should be reconsidered. This article aims to bring perspectives on this matter by using juridical normative method with regulation, comparative, and case study approaches.

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Chandra, Erika. "Victimless Crime in Indonesia: Should We Punished Them?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 02 (August 2019): 216–32. http://dx.doi.org/10.22304/pjih.v6n2.a1.

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Criminal act deserves punishment because it causes harmful to its victim. However, some criminal acts may be considered as victimless crime since the perpetrator is also the victim. They are, for example, drug abuse, gambling, and abortion. In many states, such as Netherlands, victimless crime like drug abuse are no longer considered to be punishable crime since they use harm reduction approach for drug abuse problem. Drug abuse is seen as a health issue, not a criminal law issue. On the contrary, Indonesia still considers victimless crime to be punishable. The Indonesian Penal Code and Narcotics Law, for example, regulate that drug abuse is punishable. Indonesian criminal policy uses zero tolerance approach. Hence, the criminal policy is to eradicate all narcotics offences, including drug abuse. Nevertheless, it is not a solution for the problem drug abuse. Furthermore, the number of Indonesian drug user is increased. The policy has also caused overcrowd in Indonesian correctional institutions. Considering its unique characteristic and contemplating the purpose of punishment itself, punishment for victimless crime should be reconsidered. This article aims to bring perspectives on this matter by using juridical normative method with regulation, comparative, and case study approaches.

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Stamhuis, Evert F. "In Absentia Trials and the Right to Defend: The Incorporation of a European Human Rights Principle into the Dutch Criminial Justice System." Victoria University of Wellington Law Review 32, no. 3 (August 4, 2001): 715. http://dx.doi.org/10.26686/vuwlr.v32i3.5870.

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In a case against the Netherlands the European Court on Human Rights gave an interpretation of a provision in the Convention that amounted to the recognition of a defence right that was historically and systematically alien to Dutch criminal procedure. The Dutch criminal justice authorities had to respond to implement that recognition in the domestic justice administration. Besides explaining the intricacies of the Dutch trial in absentia, very often considered in comparative studies to be a rather odd feature of Dutch law, this article provides an interesting demonstration of the process of transplanting foreign legal ideas.

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Barendregt, Marko, Eline Muller, Henk Nijman, and Edwin de Beurs. "Factors associated with experts' opinions regarding criminal responsibility in The Netherlands." Behavioral Sciences & the Law 26, no. 5 (September 2008): 619–31. http://dx.doi.org/10.1002/bsl.837.

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Pakes, Francis. "The Politics of Discontent: The Emergence of a New Criminal Justice Discourse in the Netherlands." Howard Journal of Criminal Justice 43, no. 3 (July 2004): 284–98. http://dx.doi.org/10.1111/j.1468-2311.2004.00328.x.

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Andrushko, A. V. "Comparative analysis of the legislation of foreign countries on criminal liability for enforced disappearance." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 308–19. http://dx.doi.org/10.24144/2788-6018.2022.01.56.

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The article analyzes the foreign experience of criminal law counteraction to enforced disappearances on the basis of research of the legislation of 50 countries. A study of the criminal law of approximately 100 countries has shown that criminal law prohibitions on enforced disappearances are currently contained in the legislation of Albania, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Bolivia, Bosnia and Herzegovina, Burkina Faso, Burundi, Cambodia, Chad, Colombia, Congo, Croatia, the Czech Republic, El Salvador, Finland, France, Gabon, Germany, Guatemala, Honduras, Kyrgyzstan, Lesotho, Lithuania, Luxembourg, Mali, Malta, Mexico, Moldova, Mongolia, Montenegro, Netherlands, Nicaragua, Norway, Northern Macedonia, Panama, Paraguay, Peru, Poland, Romania, Serbia, Slovakia, Slovenia, Spain, Switzerland, Venezuela. It is found that the place of enforced disappearance in the system of the Special Part of foreign criminal laws is defined differently. The article establishes that the vast majority of legislators recognized this act as a crime against international law order. It is noteworthy that many legislators did not single out a separate article on liability for enforced disappearance, but recognized this act as a type of crime against humanity, mentioning it in the relevant “general” article. The article establishes that while formulating the disposition of the relevant criminal law prohibition, most legislators of foreign countries proceeded from the definition of enforced disappearance, given in Art. 2 of the International Convention for the Protection of All Persons from Enforced Disappearance, and from the definition of this act, given in paragraph “i” of Part 2 of Art. 7 of the Rome Statute of the International Criminal Court. Attention is drawn to the fact that these international legal acts set different standards for criminalizing enforced disappearances. There is a significant variety of existing approaches not only to criminalization, but also to penalizing enforced disappearances. The article emphasizes that the studied foreign experience may be needed in improving the domestic criminal law prohibition on liability for such encroachment. In particular, the overwhelming majority of legislators attribute enforced disappearances to crimes against international law order rather than to encroachments on personal liberty.

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M. Musa, Elsi Elvina, and Evi Yanti. "Criminal Social Work To Overcome Overcapacity In Post-Pandemic Prisons." Yuridika 38, no. 1 (January 1, 2023): 51–72. http://dx.doi.org/10.20473/ydk.v38i1.37962.

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There are currently various problems with prisons, including the emergence of problems regarding Over Capacity in prisons. Especially in the era of the Covid-19 pandemic, where prisons in Indonesia are not comparable to limited capacity space. In the renewal of criminal law, in this case, the Draft Law on the Criminal Code (RUU-KUHP) has discussed various alternative crimes, one of which is the existence of social work crimes. Research on social work crimes to overcome overcapacity in Post Pandemic Prisons (Prisons) uses normative legal research methods. The legal material used is to use library studies (Library Research). The regulations regarding social work crimes have been implemented in several countries such as the Netherlands, Portugal and Denmark. Social work crimes are also known as short-term deprivation of liberty and as an alternative attempt to carry out certain crimes with a short time.

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YULIANTO, Fendy Aditiya Siswa, and Bambang SUGIRI. "Electronic Criminal Trial Reform That Guarantees Due Process Of Law." International Journal of Environmental, Sustainability, and Social Science 3, no. 2 (July 31, 2022): 430–35. http://dx.doi.org/10.38142/ijesss.v3i2.273.

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This study examines how the reformulation of electronic criminal trials in Indonesia ensures the correct legal process. The research approach used is normative juridical law research, namely by analyzing several primary kinds of literature such as legislation, and legal theory to the views of scholars. The results obtained from this study are that Indonesia as a state of law certainly in its judicial system must obey the law. Indonesia is currently trying to impose electronic trials in resolving several cases in court through the use of electronic media such as teleconferences. This activity is based on the legislation governing electronic criminal trials such as PERMA Number 1 of 2019, PERMA Number 4 of 2020, the Criminal Code, and other related regulations. This regulation forms the basis for the implementation of electronic trials in Indonesia with the main objective of creating fast, simple, and inexpensive trials. However, the facts on the ground show that the problems that occur related to the implementation of this activity are not only technical problems or facilities and infrastructure but also public doubts about the quality of the results of the trial. This phenomenon also occurs in several countries that enforce electronic courts, such as the United States and the Netherlands. Therefore, there is a need for reformulation of statements in legislation so that it does not only focus on the goal of creating a fast, simple and inexpensive judiciary but also needs to be emphasized to ensure the proper legal process occurs.

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Wermink, Hilde, Brian D. Johnson, Jan W. de Keijser, Anja J. E. Dirkzwager, Joni Reef, and Paul Nieuwbeerta. "The Influence of Detailed Offender Characteristics on Consecutive Criminal Processing Decisions in the Netherlands." Crime & Delinquency 63, no. 10 (January 27, 2016): 1279–313. http://dx.doi.org/10.1177/0011128715624929.

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Recent scholarship on sentencing disparity emphasizes the need to consider multiple decision-making points, to incorporate more detailed information on offender background characteristics, and to examine disparity in broader international contexts. This study investigates both pretrial and final sentencing decisions, incorporating a broad array of theoretically relevant offender characteristics. It combines rich survey data with official sentencing data. This data collection is part of a larger project, the Prison Project, in which 1,904 Dutch pretrial detainees were interviewed. Results indicate that several different offender characteristics exert important independent effects over criminal processing decisions and that pretrial release exerts a powerful influence over final sentencing decisions. These findings contribute to ongoing scholarly debates over the key determinants of criminal punishment in international context.

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Journal articles on the topic 'Criminal law – Netherlands'

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