NCJ Number
79141
Date Published
1977
Length
290 pages
Annotation
The theory and structure of Dutch criminal law are described in a textbook for students of law and municipal administration.
Abstract
The book is intended to aid the jurist in modifying laws to fit the actual social situation. An introductory section on the nature and significance of law outlines modern views of criminal law in the Netherlands, the role of the Government and individuals in the administration of criminal law, various schools of criminal law and their evolution, and derivation of the right to impose penalties. Criminal offenses are then classified according to legal technical factors, the nature of the crime (e.g., violent offenses, property crimes), and the different levels of the legal system in which the offense definition originates. The section on construction of criminal offenses is devoted to the elements of crime descriptions, realization in the criminal process, the principle of concursus idealis, and the ne bis in idem rule. Further sections cover concepts related to the principles of punishable offenses and guilt, to culpability for attempted offenses and participation in offenses, and to concepts of causality and the primary offender (as opposed to the accomplice) in criminal liability. An extensive section on law governing criminal procedures explores such matters as investigations, legal means of coercion, prosecution policy, and judicial documentation. The final section on criminal penalties provides theoretical background on the reasons for punishment and for different types of punishment as well as a basic outline of penal law, i.e., sentencing guidelines for judges and rules governing the execution of sentences. Extensive notes and an index are supplied.