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Murder in Dutch law

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Under Dutch law, moord (murder) is the intentional and premeditated killing of another person.[1] Murder is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law will allow for, unless the sentence is commuted or pardoned by the Sovereign of the Netherlands. However, this (if ever) happens and few appeals to the King for clemency have ever been successful.

A common misconception is that the maximum sentence is 30 years (or 20 until 2006): this is actually the longest determinate sentence that can be imposed other than life imprisonment.[2]

Intentionally killing another person without premeditation is called doodslag ("deathslaughter", i.e. manslaughter) and carries a maximum sentence of twenty-five years' imprisonment or life if committed under aggravating circumstances ("qualified manslaughter") or as an act of terrorism.[3][4][5]

In the first decade of the 21st century a life sentence was handed out 26 times by Dutch judges. All convicts will die in prison unless pardoned by Royal decree.[6] In addition to a prison sentence, the judge may also sentence the suspect to terbeschikkingstelling (literally: entrustment, i.e. to the State), or TBS in short, meaning detention in a psychiatric institution for treatment, sometimes compulsory.[7] TBS is imposed for a two-year term but can subsequently be prolonged for one or two years if deemed necessary by a committee of psychiatrists. Normal TBS can only be prolonged up to a term of four to nine years, whereas compulsory TBS can be prolonged indefinitely.[8]

Dutch homicide laws

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The Dutch penal code, Wetboek van Strafrecht ("Lawbook of Penal justice"), specifies the following kinds of homicide:

  • Article 97 – "An attack carried out with the intention of taking the life or liberty of the King, the reigning Queen or the Regent"[9][10]
  • Article 108 – "An attack on the life or liberty of the King's consort, of the King's heir apparent or his spouse"[10][11]
  • Article 115 – "An attack on the life or liberty of a head of a friendly nation"[10][12]
  • Article 117 – "An attack on the life or liberty of an internationally protected person"[10][13]
  • Article 287 – Manslaughter[3][10]
  • Article 288 – Aggravated manslaughter[4][10]
  • Article 288a – Manslaughter committed with terrorist intent[5][10]
  • Article 289 – Murder[1]
  • Article 289a – Conspiracy to commit murder or manslaughter with terrorist intent[10][14]
  • Article 290 – Child manslaughter[15][16]
  • Article 291 – Child murder[10][17]
  • Article 293 – Euthanasia[10][18]
  • Article 307 – Involuntary manslaughter[16][19]
  • Article 302 — "Praeterintentional" Homicide:[20][21][22][23][24] corresponding to the German (§ 227 StGB),[25] Italian (art. 584 c.p.),[26] Felony-Murder anglo-saxonne[27][28] and French (art. 222-7 c.p.)[29] ones.[30][31]

See also

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References

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  1. ^ a b Article 289 Dutch Penal Code: "Any person who intentionally and with premeditation takes the life of another person shall be guilty of murder and shall be liable to life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category."
  2. ^ Art. 10(1) and (3) Dutch Penal Code: (1) "Imprisonment shall be for life or for a determinate term."; (3) It may be imposed for a maximum of thirty consecutive years in cases where the court may impose, at its discretion, either a life sentence or a determinate term of imprisonment for a specific serious offence, ..."
  3. ^ a b Article 287 Dutch Penal Code: "Any person who intentionally takes the life of another person shall be guilty of manslaughter and shall be liable to a term of imprisonment not exceeding twenty-five years or a fine of the fifth category."
  4. ^ a b Article 288 Dutch Penal Code: "Manslaughter followed, accompanied or preceded by a criminal offence and committed with the intention of preparing or facilitating the performance of that offence or in the event of being caught in the commission of that offence to secure for himself or the other participants in that offence either impunity from punishment or the possession of the unlawfully obtained property, shall be liable to life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category."
  5. ^ a b Article 288a Dutch Penal Code: "Manslaughter committed with terrorist intent shall be liable to life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category."
  6. ^ NRC Handelsblad 27 October 2009 Archived 25 September 2015 at the Wayback Machine, More Dutch prisoners serving life without parole.
  7. ^ The court may order the detention under an entrustment order [terbeschikkingstelling] of a defendant who at the time of the commission of the offence suffered from mental disease or defect, if: 1°. the act committed by him is a serious offence which, according to the statutory definition, carries a term of imprisonment of four years or more, or which constitutes any of the serious offences defined in sections 132, 285(1), 285b, and 395 of the Criminal Code, 175(2.b) or (3) in conjunction with subsection (1.b) of the Road Traffic Act 1994 [Wegenverkeerswet 1994], and 11(2) of the Opium Act [Opiumwet], and 2°. such measure is necessary in the interest of the safety of others, or the general safety of persons or property.
  8. ^ Article 38d and 38e Dutch Penal Code.
  9. ^ "An attack carried out with the intention of taking the life or liberty of the King, the reigning Queen or the Regent, or of rendering any of them incapable of reigning, shall be punishable by life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category."
  10. ^ a b c d e f g h i j € 78.000.
  11. ^ 1. An attack on the life or liberty of the King's consort, of the King’s heir apparent or his spouse, shall be punishable by a term of imprisonment not exceeding fifteen years or a fine of the fifth category. 2. If the attack on the life of any of the aforementioned persons results in death or is committed with premeditation, it shall be punishable by life imprisonment or a term of imprisonment not exceeding thirty years or a fine of the fifth category.
  12. ^ 1. An attack on the life or liberty of a head of a friendly nation shall be punishable by a term of imprisonment not exceeding fifteen years or a fine of the fifth category. 2. If the attack on the life of the aforementioned person results in death or is committed with premeditation, it shall be punishable by life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category.
  13. ^ 1. An attack on the life or liberty of an internationally protected person shall be punishable by a term of imprisonment not exceeding twelve years or a fine of the fifth category. 2. If the attack on the life of the aforementioned person results in death or is committed with premeditation, it shall be punishable by life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category.
  14. ^ 1. Conspiracy to commit with terrorist intent the serious offence defined in section 289 and the serious offence defined in section 288a shall be punishable by a term of imprisonment not exceeding ten years or a fine of the fifth category.
  15. ^ The mother who, under the influence of fear that the birth of her child will be discovered, intentionally takes the life of her child at birth or shortly afterwards, shall be guilty of manslaughter of an infant and shall be liable to a term of imprisonment not exceeding six years or a fine of the fourth category.
  16. ^ a b € 19,500
  17. ^ The mother who, in implementation of the decision taken under the influence of fear of the discovery of the impending birth of her child, intentionally takes the life of her child at birth or shortly afterwards, shall be guilty of murder of an infant and shall be liable to a term of imprisonment not exceeding nine years or a fine of the fifth category.
  18. ^ 1. Any person who terminates the life of another person at that other person’s express and earnest request, shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category. 2. The offence referred to in subsection (1) shall not be punishable, if it is committed by a medical doctor who meets the requirements of due care referred to in section 2 of the Termination of Life on Request and Assisted Suicide (Review Procedures) Act [Wet Toetsing Levensbeëindiging op Verzoek en Hulp bij Zelfdoding] and who informs the municipal forensic pathologist in accordance with section 7(2) of the Burial and Cremation Act [Wet op de Lijkbezorging].
  19. ^ Any person who, through negligence, causes the death of another person shall be liable to a term of imprisonment not exceeding two years or a fine of the fourth category. 2. In the case of reckless negligence, he shall be liable to a term of imprisonment not exceeding four years or a fine of the fourth category.
  20. ^ "Wetboek-online.nl | Wetboek van Strafrecht | Artikel 302". www.wetboek-online.nl. Retrieved 2024-02-21.
  21. ^ "Tekst & Commentaar Strafrecht". shop.wolterskluwer.nl. Retrieved 2024-02-21.
  22. ^ Duijst, Wilma; Reijnders, Udo; Reijnen, Guido; Dijkhuizen, Lianne (2021-04-14). Handboek Forensische Geneeskunde (in Dutch). Gompel&Svacina. ISBN 978-94-6371-271-2.
  23. ^ Reed, Alan; Bohlander, Michael (2018-10-03). Homicide in Criminal Law: A Research Companion. Routledge. ISBN 978-1-351-01629-2.
  24. ^ Cleiren, C.P.M. "Tekst & Commentaar Strafrecht De tekst van het Wetboek van Strafrecht en enkele aanverwante wetten" (PDF).
  25. ^ Körperverletzung mit Todesfolge, retrieved 2024-02-21
  26. ^ "Art. 584 codice penale - Omicidio preterintenzionale". Brocardi.it (in Italian). Retrieved 2024-02-21.
  27. ^ Alimena, Bernardino (1909). Enciclopedia del diritto penale italiano: Raccolta di monografie (in Italian). Società editrice libraria. pp. 408–455.
  28. ^ Cadoppi, Alberto (1993). Digesto delle discipline penalistiche (in Italian). UTET. pp. 633–640. ISBN 978-88-02-04652-5.
  29. ^ "Article 222-7 - Code pénal - Légifrance". www.legifrance.gouv.fr. Retrieved 2024-02-21.
  30. ^ Pradel, Jean; Cadoppi, Alberto (2005). Casi di diritto penale comparato (in Italian). Giuffrè. ISBN 978-88-14-11794-7.
  31. ^ Vinciguerra, Sergio (2002). Il codice penale olandese (in Italian). CEDAM. ISBN 978-88-13-24124-7.
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