Criminal law determines which acts are punishable and what sanctions follow. It provides protection to society against crimes and simultaneously guarantees the rights of suspects in Westland and beyond.
What does criminal law mean?
Criminal law is the legal domain that establishes which behaviors constitute crimes (substantive criminal law) and how the government may investigate, prosecute and punish them (formal criminal law or criminal procedure law).
Key characteristics
| Characteristic | Explanation |
|---|---|
| Public law nature | The state acts on behalf of the community |
| Principle of legality | No punishment without legal basis |
| Ultimum remedium | Criminal law only as a last resort |
| Presumption of innocence | Innocent until proven otherwise |
Criminal law versus civil law
Criminal law and civil law have fundamental differences in approach and objective.
Overview of differences
| Element | 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 |
Legal basis of criminal law
In the Netherlands, criminal law is laid down in various laws and regulations.
Essential legislation
- Criminal Code (Sr): defines crimes and penalties
- Code of Criminal Procedure (Sv): determines the procedural course
- Opium Act: regulates drug-related offences
- Road Traffic Act: addresses traffic offences
- Weapons and Ammunition Act: concerns possession and use of weapons
Role of criminal law
Criminal law has multiple functions within society.
Objectives
Retribution
The perpetrator receives a punishment as a consequence of the committed wrong, fitting the modern legal view.
General prevention
The prospect of punishment serves as a deterrent for potential offenders.
Specific prevention
The punishment must prevent repetition of crimes by the perpetrator.
Reintegration
The perpetrator is supported to participate in society again.
Fundamental principles
- Principle of legality: punishment only under previously established law
- Ne bis in idem: not to be prosecuted twice for the same offence
- Nulla poena sine culpa: punishment requires guilt
- In dubio pro reo: in case of doubt, decide in favor of the suspect
Frequently asked questions about criminal law in Westland
What does criminal law entail?
Criminal law encompasses rules on criminal offences and associated penalties. It protects the community and safeguards the rights of suspects through substantive and formal law.
What distinguishes substantive from formal criminal law?
Substantive criminal law defines punishable acts and sanctions. Formal criminal law regulates the procedures for investigation and prosecution, crucial for a fair process.
Who enforces criminal law?
The government enforces it via police (investigation), Public Prosecutor's Office (prosecution) and court (judgment), such as at the District Court of The Hague, under which Westland falls.
How are the rights of suspects protected?
Criminal law provides guarantees such as presumption of innocence, right to defense and a fair trial, as laid down in laws and regulations.
What to do if involved in a criminal case?
Immediately engage a criminal law lawyer. Remain silent until you have legal assistance, for example via the Juridisch Loket Westland. Protect your rights.
Summary
This article provides an overview of criminal law specifically aimed at residents of Westland, with explanations of laws and procedures.
Key points
- Meaning of criminal law
- Distinction between substantive and formal criminal law
- Enforcement of criminal law in Westland