Substantive Criminal Law in Den Haag
Substantive criminal law forms the core of criminal law and defines which acts are punishable, who is responsible for them, and what penalties apply. For residents of Den Haag, this is essential, as cases are often handled by the Den Haag District Court, as stipulated in the Criminal Code.
What does substantive criminal law mean for residents of Den Haag?
Criminal law distinguishes substantive criminal law from formal criminal law. The substantive part describes punishable offences, the conditions for punishability, and the sanctions. It answers questions such as: 'Which acts are prohibited in Den Haag?', 'Who can be prosecuted?' and 'What are the penalties?'. Formal criminal law, on the other hand, governs the procedure, such as police interrogations in the Haaglanden region or hearings at the Den Haag District Court.
The principle of legality is central: nullum crimen, nulla poena sine praevia lege poenali. Only acts explicitly made punishable by law are punishable, which protects residents of Den Haag against arbitrariness, for example in cases of local violations like urinating in public on Scheveningen beach.
Legal basis in the Netherlands and Den Haag
Substantive criminal law is primarily codified in the Criminal Code (Sr.). Relevant articles include:
- Article 1 Sr: A 'punishable offence' is an act made punishable by law.
- Article 9 Sr: Principal penalties such as imprisonment, detention, and fines.
- Article 10 Sr: Crime (serious penalty > three months) versus infraction.
- Articles 37-48 Sr: Rules on attempt, complicity, and participation.
Supplementary laws such as the Opium Act or Road Traffic Act also apply locally, for example in drug checks in Den Haag. Consult the Sr. at wetten.overheid.nl. These are applied by the Den Haag District Court in regional cases.
Difference between substantive and formal criminal law
An overview:
| Aspect | Substantive criminal law | Formal criminal law |
|---|---|---|
| Content | What is punishable? What penalty? | How does prosecution proceed? (procedure) |
| Statute | Criminal Code (Books 1-3) | Code of Criminal Procedure (Sv) |
| Example | Theft (art. 310 Sr) | Police interrogation in Haaglanden (art. 53 Sv) |
| Application | Determines guilt and penalty severity | Governs proceedings at Den Haag District Court |
This builds on our overview What is criminal law?.
Types of punishable offences in Den Haag
Punishable offences: crimes and infractions.
- Crimes: Serious offences such as murder (art. 289 Sr), manslaughter (art. 287 Sr), or rape (art. 242 Sr). Penalty: > three months' imprisonment.
- Infractions: Less serious, such as nuisance in Den Haag city centre or speeding around the Binnenhof.
Practical examples from Den Haag
Example 1: Theft in Den Haag
Art. 310 Sr: Taking someone else's property, such as bicycle theft in the city centre. Crime with max. 4 years' imprisonment; first-time offenders often receive community service via the Den Haag District Court.
Example 2: Drug possession on the boulevard
Art. 2 Opium Act: Possession of soft drugs is an infraction (fine €100-€200 for 5 grams of cannabis), hard drugs a crime. Frequently checked in Scheveningen.
Example 3: Local fraud
Art. 326 Sr: Forgery, such as VAT fraud by Den Haag businesses. Can lead to imprisonment.
Penalties and measures at Den Haag District Court
Principal penalties (art. 9 Sr):
- Imprisonment (max. 30 years or life).
- Detention (max. 1 year).
- Fine.
- Community service (max. 240 hours).
Measures such as TBS (art. 37 Sr) for mental disorders. Judges in Den Haag consider recidivism or remorse.
Rights and obligations for residents of Den Haag
Rights:
- Clear law (art. 1 Sr).
- No retroactive harsher penalty (art. 2 Sr).
- Defences excluding guilt: self-defence (art. 41 Sr).
Obligations:
- Do not commit punishable offences.
- Tell the truth as a witness.
Suspects have the right to remain silent but must identify themselves. For questions: call the Den Haag Legal Aid Office.
Frequently asked questions
Difference between crime and infraction?
Crime: serious (>3 months' imprisonment, art. 10 Sr), such as theft. Infraction: minor, such as a parking fine in Den Haag.
Liable for attempt?
Yes, art. 45 Sr: max. 2/3 of the penalty for completion.
Applies to companies in Den Haag?
Yes, art. 51 Sr: legal entities are punishable.
Changes in the law?
Art. 2 Sr: the mildest law applies, retroactively favourable.
Tips for residents of Den Haag
- Consult a lawyer or the Den Haag Legal Aid Office for free advice.
- Check local fines via Den Haag Municipality.
- Attend hearings at Den Haag District Court for insight.