Crime in the Netherlands

1. Classification of Crime.

* Legal classification. All prohibited acts are
classified either as crimes or felonies
(misdrijven), infractions or transgressions
(overtredingen). The legislature determines
whether an offense constitutes a crime or an
infraction. (Tak, 1993: 8).
Generally, serious offenses involving
physical harm are classified as crimes or felonies
(murder, intentional homicide, theft combined with
violence). The classification of an offense
determines the level of the court that will try
the case at first instance. In general,
transgressions are tried in cantonal courts and
crimes are tried in district courts. (Hoyng, 1992:
25).

* Age of criminal responsibility. The age of
criminal responsibility is 12. Juveniles between
the ages of 12 and 18 are subject to the juvenile
criminal law. However, judicial discretion may be
exercised when taking into account the seriousness
of the offense and the personality of the
offender. For example, the judge can order a young
adult between the ages of 16 and 18 to be dealt
with under the adult criminal law. Judicial
discretion will also allow young adult offenders
between the ages of 18 and 21 to be subject to the
juvenile criminal law. (Tak, 1993: 1-2).

* Drug Offenses. The revised Opium Act of 1976
dictates drug offenses in the Netherlands.
Prohibited by law are drug trafficking offenses:
“importation, exportation and transportation” and
the sale and production of drugs. The Opium Act
(Article 2) further prohibits the “preparation,
cultivation, digestion, sale, supply or transport”
of prohibited drugs. Drugs are classified by the
National Criminal Intelligence Service (Centrale
Recherche Informatiedienst), as either hard or
soft drugs. Hard drugs include heroin, cocaine,
amphetamines, amphetamine oil, amphetamine
tablets, methadone tablets, and LSD. Soft drugs
include hashish, hashish oil and marijuana.
(Statistical Yearbook of the Netherlands 1993,
1993: 403; Leuw, 1991: 2).
While it is a criminal offense to sell or
deal in both hard and soft drugs, the enforcement
policy differs with soft drug use. The sale and
use of small amounts of soft drugs, usually under
30 grams, is tolerated in coffee houses throughout
the Netherlands. Additional restricted drugs are
detailed in the Opium Act of 1976 under lists one
and two. (Opiumwet, VII, 1992: 201-204; Leuw,
1991: 2).

2. Crime Statistics.

* Murder. In 1991, there were 216 completed and
2,070 attempted homicides. The rate for completed
murder and manslaughter offenses was 1 per 100,000
population. The rate for attempted murder and
manslaughter was 14 per 100,000. (Department for
Statistical Information and Policy Analysis,
Registered Crime in the Netherlands, 1991: Table
1: Crimes known to the police in the Netherlands;
Table 2: Crimes known to the police in the
Netherlands per 100,000 inhabitants. Police
statistics report homicides and do not
differentiate between the legal definitions of
murder and manslaughter–and exclude the category
of “culpable homicide or grievous bodily harm.”)
Article 289 of the Criminal Code states that
anyone who intentionally and after premeditation
takes the life of another is guilty of murder and
shall be subject to a life sentence, a prison
sentence not exceeding 20 years, or a fine of the
fifth category – 1,000,000 Dutch guilders. (Tak,
1993: 10).
The Dutch Criminal Code recognizes the
principle of maximum punishment, or maximum
sentence a judge can impose for a given offense.
While the criminal code, in theory, allows for the
imposition of a fine in serious violent offenses,
in practice this option is rarely used. More
common in cases of murder and particularly violent
sexual offenses is the imposition of “TBS” (ter
beschikking stelling). TBS is often imposed in
addition to a prison sentence. After having
served time in a correctional facility the inmate
is transferred to a mental institution. While the
individual must undergo regular reviews to
determine if (s)he is able to be released, TBS
can be imposed indefinitely and the individual can
be held for the remainder of his or her natural
life.
* Rape. In 1991, the police reported 1,333
incidents of forcible rape, at a rate of 9 per
100,000 population. Attempts are included.
(Department for Statistical Information and Policy
Analysis, Table 1: Crimes known to the police in
the Netherlands, Table 2: Crimes known to the
police in the Netherlands per 100,000 inhabitants.
In police statistics, rape is one sub-category of
a larger category of sexual offenses.)
Article 242 of the Criminal Code states that
a person is guilty of forcible rape if through the
use of force, threatened use of force or another
act of violence forces the sexual penetration of
the body of another. The punishment for forcible
rape is a maximum prison sentence of 12 years or a
fine of the fifth category (1,000,000 Dutch
guilders).
* Serious Property Crime. In 1991, there were
472,130 aggravated thefts, at a rate of 3,145 per
100,000 population. Attempts are included. As
reported in the police statistics, aggravated
theft is an administrative definition based upon
an aggregate of theft offenses listed in the Dutch
Criminal Code. (Department for Statistical
Information and Policy Analysis, Table 1: Crimes
known to the police in the Netherlands; Table 2:
Crimes known to the police in the Netherlands per
100,000 inhabitants).
Aggravated theft is defined as the taking
away of any goods which belong to someone else,
with the intention of unlawfully possessing said
goods. This crime includes theft with breaking
and entering premises and other aggravated theft
(to include theft with violence and other
aggravated theft). (Tak, 1993: 11).

* Serious Drug Offense. In 1991, there were 4,261
drug offenses of which 3,580 were hard drug
offenses and 681 were soft drug offenses. The rate
of hard drug offenses was 24 per 100,000
population and the rate of soft drug offenses was
5 per 100,000 population. Attempts are included.
(Department for Statistical Information and Policy
Analysis, Table 1: Crimes known to the police in
the Netherlands; Table 2: Crimes known to the
police in the Netherlands per 100,000
inhabitants).
The category of drug offenses registered by
police is an administrative definition which
reflects only the number of offenses in violation
of the Opium Act, in which offenses are
categorized as hard and soft drug violations.

* Crime Regions. The crime rate is highest for
the western, most urbanized part of the country,
consisting of four regions with a high
concentration of cities, known as the Randstad.
Densely populated, large cities have the highest
victimization rates, especially for violent
crimes, threats and property offenses. In large
cities, crime is concentrated in “neighborhoods
characterized by weak internal social relations
and a high level of decay.” (Eijken, 1992)
Crime is particularly high in Amsterdam, the
Netherlands’ largest city, accounting for 50% of
all street robberies, 25% of all other robberies,
25% of the auto thefts and over 25% of bicycle
thefts. (Eijken, 1993)

Note: this work was completed in 1993

Crime in the Netherlands

Crime in the Netherlands

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