Criminal law determines which acts are punishable and what sanctions follow. It provides protection to society against crime and simultaneously guarantees the rights of suspects in Utrecht and beyond.
What does criminal law mean?
Criminal law is the legal domain that specifies which behaviors are considered punishable (substantive criminal law) and how the government may address them through investigation, prosecution and punishment (formal criminal law or criminal procedure law).
Key characteristics
| Element | Explanation |
|---|---|
| Public law | The state acts on behalf of the community |
| 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
There are fundamental differences between criminal law and civil law.
Overview of differences
| Characteristic | Criminal law | Civil law |
|---|---|---|
| Parties involved | Government vs. suspect | Individual vs. individual |
| Who initiates the case | 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 (imprisonment, fine) | Damages |
Statutory basis of criminal law
Criminal law in the Netherlands is laid down in various statutes.
Essential legislation
- Criminal Code (Sr): defines criminal offences and sanctions
- Code of Criminal Procedure (Sv): determines the procedural rules
- Opium Act: regulates drug-related offences
- Road Traffic Act: addresses traffic offences
- Weapons and Ammunition Act: controls possession of weapons
Role of criminal law
Criminal law fulfils various functions within society.
Objectives
Retribution
The perpetrator receives a punishment in response to the committed wrong, a modern form of retribution.
General prevention
The possibility of punishment must deter others from committing offences.
Individual prevention
The punishment must prevent repetition by the perpetrator.
Reintegration
The perpetrator is supported to participate in society again.
Fundamental principles
- Principle of legality: punishment only possible with statutory basis
- Ne bis in idem: no double prosecution for the same act
- Nulla poena sine culpa: punishment requires culpability
- In dubio pro reo: in case of doubt in favour of the suspect
Criminal law in Utrecht
For residents of Utrecht, criminal cases fall under the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1. For legal advice, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55.
Frequently asked questions about criminal law
What does criminal law entail?Criminal law is the legal field that defines punishable acts and establishes the corresponding punishments. It protects society against crime and safeguards the rights of suspects, both in Utrecht and elsewhere.
What distinguishes substantive from formal criminal law?Substantive criminal law specifies which acts are punishable and what punishments apply. Formal criminal law determines the procedures for investigation and prosecution. Both are crucial for a just system.
Who is responsible for the enforcement of criminal law?The government enforces criminal law through the police (investigation), the Public Prosecutor's Office (prosecution) and the judiciary (adjudication). Each plays a specific role in the process.
How are the rights of suspects protected?Criminal law provides guarantees such as the presumption of innocence, right to a lawyer, right to silence and a fair trial. These rights are statutorily enshrined.
What to do if involved in a criminal case?Immediately engage a criminal law lawyer. Say nothing without legal assistance and avoid voluntary statements. A lawyer protects your interests.
Summary
What does criminal law entail? This article provides an overview of Dutch criminal law, specifically relevant for Utrecht, with definitions and practical information.
Key points
- Definition and purpose of criminal law
- Distinction between substantive and formal criminal law
- Enforcement and rights of suspects