NCJ Number
126688
Date Published
1988
Length
14 pages
Annotation
The article surveys the development of the Dutch penal code and relate it to concurrent developments in other countries.
Abstract
The Dutch penal code of 1886 was based on the classical principles of retribution, incarceration, and legality. Since the beginning of the 20th century, reforms have emphasized a more humane treatment of offenders. Especially in sentencing laws, the Dutch code is one of the most advanced in the world because of its distinct penal code for juveniles, its treatment of emotionally disturbed offenders, extensive use of suspended sentences, parole, and fines in lieu of incarceration. Recent changes in the Dutch penal code focus on creating an even more rational, cost-effective system. The law of 1983 establishes fines as predominant punishment which can replace incarceration even for serious offenses. Community work as alternative to incarceration, introduced as an experiment in 1983, has proven so successful that it is expected to find a permanent place in the code. The reform of 1983 also extends the powers of police and prosecutors to negotiate financial settlements before cases reach the court. However, the rising crime rates of the past 25 years are putting an end to the relative mildness of the Dutch code. Since 1985, policy makers have drawn clear distinctions between minor offenses to be resolved by police, prosecutors, and community agencies and serious offenses that involve violent, economic, environmental and habitual offenses as well as drug trafficking and organized crime.