NCJ Number
187250
Journal
Judicial Explorations Volume: 26 Issue: 5 Dated: June/July 2000 Pages: 9-22
Date Published
2000
Length
14 pages
Annotation
This article focuses on the changes and trends in the Netherlands in Dutch criminal law and policy during the last decade.
Abstract
Criminal policy in the Netherlands during the last decade is characterized by two dominant trends: (1) risk management and (2) the protection of vulnerable social groups or persons. A representative sample of both trend categories was analyzed. The article focuses on the changes in substantive criminal law. A tendency towards higher maximum penalties and the extension of prohibition is visible in the field of organized crime, traffic law (negligent driving), group violence and public order disturbances, and environmental criminal law. In the category of vulnerability, the same tendency of higher penalties can be established. Apparently, the development in criminal law takes place in combination with the intensification of repression in administrative law. This means, that a test of modern criminal law legislative measures by means of principles of adequate legislation shows an unfavorable picture, especially as far as the “legality principle” and the “subsidiary principle” are concerned. Rethinking standards of not excessive and practical criminal legislation, in which the rule of law is respected, is badly needed.