Criminal law determines which acts are considered punishable and what sanctions follow. It provides protection to society against crimes and simultaneously guarantees the rights of suspects in Rijswijk and surrounding areas.
What is criminal law?
Criminal law is the legal domain that specifies which behaviors are punishable (substantive criminal law) and in what manner the government may investigate, prosecute, and punish them (formal criminal law or criminal procedure law).
Key characteristics
| Characteristic | Explanation |
|---|---|
| Public law nature | The state represents society |
| Principle of legality | No punishment without a statutory basis |
| Ultimum remedium | Criminal law as a last resort |
| Presumption of innocence | Innocent until proven otherwise |
Criminal law versus civil law
There are fundamental differences between criminal law and civil law.
Overview of differences
| Aspect | Criminal law | Civil law |
|---|---|---|
| Parties involved | Government vs. suspect | Individual vs. individual |
| Initiator | Public Prosecutor's Office | Injured party |
| Objective | Imposition of punishment, prevention | Compensation, restoration |
| Burden of proof | Lies with the state | Lies with the claimant |
| Consequence | Punishment (prison, fine) | Damages |
Statutory basis of criminal law
Criminal law in the Netherlands is laid down in various statutes.
Essential legislation
- Criminal Code (Sr): defines punishable offenses and penalties
- Code of Criminal Procedure (Sv): determines the procedural rules
- Opium Act: regulates drug-related crimes
- Road Traffic Act: addresses traffic offenses
- Weapons and Ammunition Act: controls possession of weapons
Objectives of criminal law
Criminal law has various functions within society.
Main objectives
Retribution
The perpetrator receives a punishment as a result of the committed wrong, a modern form of retribution.
General prevention
The possibility of punishment serves to deter others from committing crimes.
Individual prevention
The punishment must prevent repetition by the perpetrator.
Resocialization
The perpetrator is supported to participate in society again.
Fundamental principles
- Principle of legality: punishment only possible under pre-established law
- Ne bis in idem: no double prosecution for the same act
- Nulla poena sine culpa: punishment requires guilt
- In dubio pro reo: in case of doubt, in favor of the defendant
Frequently asked questions about criminal law in Rijswijk
What does criminal law mean in concrete terms?
Criminal law comprises the rules that determine which acts are punishable and what sanctions apply. It protects society and safeguards the rights of suspects.
What distinguishes substantive from formal criminal law?
Substantive criminal law specifies what is punishable and what penalties apply, while formal criminal law regulates the procedures for investigation and prosecution.
Who is responsible for criminal law enforcement?
The police investigate, the Public Prosecutor's Office prosecutes, and the court, such as the District Court of The Hague, adjudicates.
How are the rights of suspects protected?
Criminal law safeguards rights such as the presumption of innocence, right to defense, and a fair trial.
What to do if involved in a criminal case?
Engage a criminal law attorney and remain silent until you have legal assistance. For help, you can contact the Juridisch Loket Rijswijk.