Criminal law in the Netherlands encompasses various principal penalties and additional penalties, ranging from imprisonment to community service and from fines to driving disqualifications. This article provides a detailed overview of the options within the Dutch criminal justice system.
Principal Penalties in Dutch Criminal Law
Dutch legislation includes four principal penalties that can be imposed independently of other penalties.
Summary of Principal Penalties
| Type of Penalty | Maximum Duration/Amount | Application |
|---|---|---|
| Imprisonment | Life imprisonment or temporary up to 30 years | For crimes |
| Detention | 1 year and 4 months | For violations |
| Community service | Maximum 240 hours | Both crimes and violations |
| Fine | 6 categories, up to €900,000 | All punishable offences |
Categorisation of Fines
Fines are divided into six different categories, as laid down in article 23 of the Criminal Code.
Fine Categories (2024)
| Category | Maximum Amount |
|---|---|
| First category | €480 |
| Second category | €4,800 |
| Third category | €9,600 |
| Fourth category | €22,500 |
| Fifth category | €90,000 |
| Sixth category | €900,000 |
Additional Penalties
The court may impose additional penalties alongside the principal penalties, depending on the case.
Overview of Additional Penalties
- Deprivation of rights: The revocation of specific rights, such as the right to vote.
- Forfeiture: The confiscation of goods.
- Publication of the judgment: The public announcement of the judicial decision.
- Driving disqualification: A temporary prohibition on driving vehicles.
Conditional Penalties
A penalty may be imposed in whole or in part conditionally, with the convicted person receiving a probationary period and specific conditions.
Standard Condition
During the probationary period, the convicted person may not commit any new punishable offences.
Specific Conditions
- Mandatory reporting to probation services
- Mandatory treatment or therapy
- Prohibition on contact with certain persons
- Prohibition or obligation to be at certain locations
- Payment of compensation to the victim
Measures in Criminal Law
In addition to penalties, criminal law includes measures aimed at protection or rehabilitation rather than retribution.
Overview of Important Measures
| Measure | Objective |
|---|---|
| Placement at the government's disposal (TBS) | Treatment and protection of society |
| PIJ measure | Treatment of juveniles |
| Admission to a psychiatric hospital | Short-term treatment |
| Deprivation of criminal proceeds | Recovery of illegally obtained profits |
| Compensation measure | Compensation for victims |
Combinations of Penalties and Measures
It is possible to combine different penalties and measures within a single judgment.
Examples of Combinations
- Imprisonment with a conditional part
- Imprisonment combined with TBS
- Community service alongside a fine
- Imprisonment with deprivation of assets
Frequently Asked Questions about Penalties
What if I am suspected of a crime?
You have the right to legal assistance, the right to remain silent, and the police are obliged to explain your rights. Being suspected does not mean you are guilty.
How long can I be held in pre-trial detention?
Without trial maximum 10 days, after that a judge must grant permission for extension. Pre-trial detention has a limited duration.
What distinguishes a crime from a violation?
Crimes are more serious and can lead to imprisonment, while violations are often settled with a fine.
Do I always have the right to a lawyer?
Yes, legal assistance is a right, and if you cannot afford it, it can be provided free of charge.
Can I object to a judgment?
Yes, you have the option to appeal to the court of appeal.
Local Information for Leiden
For legal matters in Leiden, you can go to the District Court of The Hague, Leiden location. For free legal advice, you can contact the Juridisch Loket Leiden, located at Stationsweg 46.