Substantive Criminal Law in Westland
Substantive criminal law forms the foundation of criminal law. It defines which acts are punishable in Westland, who bears responsibility, and what sanctions apply. It is codified in the Criminal Code and applies to all residents of the Municipality of Westland, from Naaldwijk to 's-Gravenzande.
What is substantive criminal law?
Criminal law distinguishes substantive criminal law from procedural criminal law. Substantive criminal law describes offenses, conditions for liability, and penalties. It addresses questions like: 'Which acts are prohibited?', 'Who can be prosecuted?', and 'What are the consequences?'. Procedural criminal law governs processes, such as police interrogations or hearings at the Rechtbank Westland.
At its core is the principle of legality: nullum crimen, nulla poena sine praevia lege poenali. Only acts explicitly defined by law are punishable. This safeguards Westland residents against arbitrary enforcement, such as in local incidents in the greenhouse horticulture sector.
Legal Basis
Substantive criminal law is primarily set out in the Criminal Code (Sr.). Key provisions include:
- Article 1 Sr: A criminal offense is any act made punishable by law.
- Article 9 Sr: List of principal penalties, including imprisonment, detention, and fines.
- Article 10 Sr: Distinction between crimes (serious penalties exceeding three months' imprisonment) and violations (lighter sanctions).
- Articles 37-48 Sr: Rules on attempts, complicity, and participation.
Supplementary laws such as the Opium Act or Road Traffic Act also apply in Westland, for instance in cases of drugs in greenhouses or traffic offenses on the N213. Consult the Sr. at wetten.overheid.nl.
Difference from Procedural Criminal Law
An overview:
| Aspect | Substantive criminal law | Procedural criminal law |
|---|---|---|
| Content | What is punishable? What penalty? | How does prosecution proceed? (process) |
| Statute | Criminal Code (Books 1-3) | Code of Criminal Procedure (Sv) |
| Example | Theft (art. 310 Sr) | Police interrogation (art. 53 Sv), hearing at Rechtbank Westland |
| Application | Determines liability and penalty | Manages evidence and procedure |
This builds on our overview What is criminal law?.
Offense Categories
Criminal offenses are divided into crimes and violations:
- Crimes: Serious offenses such as murder (art. 289 Sr), manslaughter (art. 287 Sr), or rape (art. 242 Sr). Maximum penalty: more than three months' imprisonment.
- Violations: Less serious, such as illegal parking near Westland greenhouses or nuisance. Sanctions: fine or community service.
Examples from Practice in Westland
Example 1: Theft
Art. 310 Sr penalizes taking someone else's property. Theft of tools from a greenhouse in Monster is a crime, punishable by up to 4 years' imprisonment. First-time offenders often receive community service from the Rechtbank Westland.
Example 2: Drug Possession
The Opium Act (art. 2) prohibits possession of soft drugs (violation). Hard drugs elevate it to a crime. Possession of 5 grams of cannabis in Poeldijk can result in a €100-€200 fine.
Example 3: Fraud in Horticulture
Art. 326 Sr addresses forgery, such as falsified invoices for subsidies. A Westland entrepreneur faces imprisonment for VAT fraud.
Penalties and Measures
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 at the Rechtbank Westland consider aggravating or mitigating factors, such as recidivism or remorse.
Rights and Obligations
Rights of suspects:
- Clear statutory definitions (art. 1 Sr).
- No retroactive aggravation (art. 2 Sr).
- Defenses: self-defense (art. 41 Sr), force majeure.
Obligations:
- Do not commit criminal acts.
- As a witness: tell the truth (art. 341 Sr).
Suspects may remain silent but must identify themselves.
Frequently Asked Questions
Difference between crime and violation?
A crime is more serious (>3 months' imprisonment, art. 10 Sr), e.g., theft. A violation is lighter, e.g., traffic fine, punishable by fine or community service.
Liable for attempt?
Yes, art. 45 Sr: attempt is punishable up to 2/3 of the full penalty.
Applies to Westland companies?
Yes, art. 51 Sr: legal entities are liable for crimes by management.
Changes in law?
Art. 2 Sr: the most lenient law applies, retroactively if favorable.
Tips for Westland Residents
- Consult Het Juridisch Loket Westland for free advice.
- Contact a lawyer at the Rechtbank Westland if suspected.
- Check the Municipality of Westland for local violation rules.
- Stay informed via wetten.overheid.nl.