Criminal law determines which acts are punishable and what sanctions apply. It protects society against crime and safeguards the rights of suspects in Leiden and beyond.
What does criminal law mean?
Criminal law is the legal domain that establishes which behaviors constitute crimes (substantive criminal law) and how the government may address them through investigation, prosecution, and punishment (formal criminal law or criminal procedure law).
Key characteristics
| Characteristic | Explanation |
|---|---|
| Public law | The state acts on behalf of the community |
| Principle of legality | No punishment without a legal basis |
| Ultimum remedium | Criminal law as a last resort |
| Presumption of innocence | Innocent until proven guilty |
Criminal law versus civil law
There is a clear distinction between criminal law and civil law, with different objectives and procedures.
Overview of differences
| Element | Criminal law | Civil law |
|---|---|---|
| Parties involved | Government vs. suspect | Individual vs. individual |
| Initiator | Public Prosecutor's Office | Injured party |
| Objective | Punishment and prevention | Compensation and restoration |
| Burden of proof | Lies with the state | Lies with the claimant |
| Consequence | Punishment such as imprisonment or fine | Damages |
Legal basis of criminal law
In the Netherlands, criminal law is laid down in various statutes and regulations.
Essential legislation
- Criminal Code (Sr): defines crimes and penalties
- Code of Criminal Procedure (Sv): governs the proceedings
- Opium Act: regulates drug-related offenses
- Road Traffic Act: addresses traffic offenses
- Weapons and Ammunition Act: regulates possession of weapons
Role of criminal law
Criminal law has multiple functions within society.
Objectives
Retribution
The offender receives punishment as retribution for the harm caused, a modern form of justice.
General prevention
The threat of punishment should deter others from committing crimes.
Individual prevention
The punishment should prevent repetition of criminal behavior by the offender.
Reintegration
The offender is supported to reintegrate into society.
Fundamental principles
- Principle of legality: punishment only possible with a statutory basis
- Ne bis in idem: no double prosecution for the same act
- Nulla poena sine culpa: punishment requires culpability
- In dubio pro reo: in case of doubt, for the defendant
Criminal law in Leiden
For cases in Leiden, jurisdiction falls under the District Court of The Hague, Leiden location. For legal advice, you can go to the Juridisch Loket Leiden, located at Stationsweg 46.
Frequently asked questions about criminal law
What does criminal law entail?Criminal law regulates which acts are punishable and what penalties apply. It protects society against crimes and guarantees the rights of suspects. This includes substantive and formal criminal law.
What distinguishes substantive from formal criminal law?Substantive criminal law defines punishable offenses and sanctions, while formal criminal law regulates the procedures for investigation and prosecution. Both are crucial for a fair system.
Who enforces criminal law?The government enforces criminal law through the police (investigation), Public Prosecutor's Office (prosecution), and judges (adjudication). Each has a specific role in the process.
How are the rights of suspects protected?Criminal law provides guarantees such as presumption of innocence, right to a lawyer, right to silence, and a fair trial, as laid down in legislation.
What to do if involved in a criminal case?Immediately engage a criminal law attorney. Say nothing without legal assistance and avoid voluntary statements. An attorney protects your interests.
Summary
What does criminal law entail? This article provides an overview of Dutch criminal law, specifically relevant for residents of Leiden, with definitions and practical information.
Key points
- Definition and explanation of criminal law
- Difference between substantive and formal criminal law
- Enforcement and application of criminal law