In the Netherlands, and thus also in Leiden, juvenile suspects fall under juvenile criminal law. This legal system focuses on guidance and reintegration, with unique penalties and processes compared to adult criminal law.
Application of Juvenile Criminal Law
Juvenile criminal law applies to young people between the ages of 12 and 18 who are suspected of a criminal offense.
Age Categories
| Age | Criminal Law Regime |
|---|---|
| Under 12 years | Not criminally prosecutable |
| 12-15 years | Exclusively juvenile criminal law |
| 16-17 years | Juvenile criminal law, except in exceptional application of adult criminal law |
| 18-22 years | Adult criminal law, possibly adolescent criminal law |
Basic Principles
Juvenile criminal law adheres to specific principles that differ from regular criminal law.
Key Aspects
- Focus on education and return to society
- Penalty measure tailored to age and personal development
- Fast handling of cases
- Limited public access to cases
- No criminal record under 18 years in most cases
Types of Sanctions
In juvenile criminal law, different penalties are imposed than for adults.
Overview of Penalties
| Type of Sanction | Maximum Duration/Amount |
|---|---|
| Juvenile detention | 12 to 24 months |
| Community service | Maximum 200 hours |
| Fine | Limited amount |
| PIJ measure (juvenile institution) | 7 years, with possibility of extension |
| Behavioral measure (GBM) | Dependent on the situation |
Halt Procedure
For young people who commit a minor offense, Halt offers an alternative resolution outside the court.
Criteria for Halt
- Age between 12 and 17 years
- First or second minor offense
- Minor offenses such as theft or vandalism
- The young person admits guilt
The Role of the Juvenile Judge
In Leiden, juvenile criminal cases are handled by a specialized juvenile judge, often at the District Court of The Hague, Leiden location.
Characteristics of the Procedure
- Hearings are not public
- Presence of parents or guardians
- Advice from the Child Care and Protection Board
- More relaxed atmosphere than in regular court cases
Frequently Asked Questions about Juvenile Criminal Law in Leiden
From what age is criminal prosecution possible?
In the Netherlands, including Leiden, a young person can be criminally prosecuted from the age of 12. For children under 12, this is not possible. Between 12 and 15 years, juvenile criminal law always applies, while for 16- and 17-year-olds, adult criminal law may be applied in exceptional cases.
What penalties can a minor receive?
Juvenile criminal law includes sanctions such as juvenile detention (maximum 24 months), community service (up to 200 hours), fines (limited), PIJ measures (up to 7 years, extendable), and behavior-influencing measures. The focus is on re-education.
What does a Halt resolution entail?
Halt is an alternative to a court case for young people aged 12-17 for minor offenses such as shoplifting. Conditions are that it is a first or second offense and that the young person takes responsibility. If successful, no criminal record follows.
Does a minor get a criminal record?
In most cases, a young person under 18 does not get a criminal record, except for serious offenses or measures such as juvenile detention or PIJ. After 18, a conviction may sometimes be recorded.
How does a case work with the juvenile judge?
The hearing with the juvenile judge takes place in a closed setting, often with parents present. The atmosphere is more informal, and the Child Care and Protection Board plays an advisory role.
Relevant Institutions in Leiden:
District Court: District Court of The Hague, Leiden Location
Legal Aid Office: Legal Aid Office Leiden, Stationsweg 46