Criminal law determines which acts are punishable and what sanctions apply thereto. It protects society against crimes and simultaneously guarantees the rights of suspects in Zoetermeer and beyond.
What is criminal law?
Criminal law is the legal domain that stipulates which behaviours are considered punishable (substantive criminal law) and how the government may investigate, prosecute and sanction these (formal criminal law or criminal procedure law).
Key characteristics
| Characteristic | Explanation |
|---|---|
| Public law nature | The state acts on behalf of society |
| Principle of legality | No punishment without a statutory basis |
| Ultimum remedium | Criminal law as a last resort |
| Presumption of innocence | Innocent until guilt is proven |
Criminal law versus civil law
Criminal law and civil law differ significantly in purpose and approach.
Overview of differences
| Aspect | Criminal law | Civil law |
|---|---|---|
| Parties involved | Government vs. suspect | Individual vs. individual |
| Who takes initiative | 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 | Financial compensation |
Statutory basis of criminal law
Criminal law in the Netherlands is laid down in various statutes that also apply in Zoetermeer.
Relevant legislation
- Criminal Code (Sr): defines punishable offences and sanctions
- Code of Criminal Procedure (Sv): governs the procedural process
- Opium Act: regulates drug-related offences
- Road Traffic Act: addresses traffic offences
- Weapons and Ammunition Act: concerns possession and use of weapons
Objectives of criminal law
Criminal law serves multiple functions within society.
Key objectives
Retribution
The perpetrator receives a punishment as a result of the committed wrong, a modern form of retribution.
General prevention
The prospect of punishment must deter others from committing crimes.
Individual prevention
The punishment must prevent repetition of criminal behaviour by the perpetrator.
Resettlement
The perpetrator is supported to find a place in society again.
Fundamental principles
- Principle of legality: punishment only possible with a prior statute
- Ne bis in idem: not to be prosecuted twice for the same offence
- No punishment without guilt: guilt must be established
- In case of doubt, for the defendant: uncertainty benefits the defendant
Frequently asked questions about criminal law in Zoetermeer
What does criminal law entail?
Criminal law regulates which acts are punishable and what punishments apply thereto. It protects society and the rights of suspects, also in Zoetermeer.
What distinguishes substantive from formal criminal law?
Substantive criminal law defines punishable offences and sanctions, while formal criminal law lays down the rules for investigation and prosecution.
Who enforces criminal law?
The police investigate, the Public Prosecutor's Office prosecutes, and the court adjudicates. In Zoetermeer, this falls under the District Court of The Hague.
How are the rights of suspects safeguarded?
Criminal law provides protection through presumption of innocence, right to counsel, right to silence and a fair trial.
What to do if involved in a criminal case?
Immediately engage a criminal law attorney, for example via the Juridisch Loket Zoetermeer. Say nothing without legal assistance.
Summary
This article provides an overview of Dutch criminal law, including definitions and guidelines, specifically relevant for residents of Zoetermeer.
Key points
- Meaning of criminal law
- Distinction between substantive and formal criminal law
- Enforcement of criminal law