Dutch Legislation

Title II

in force

Straffen

Criminal Code (Sr) (Wetboek van Strafrecht) · Articles: 98

9 Article 9

The penalties are:

9a Article 9a

If the court deems it advisable in connection with the minor gravity of the offence, the personality of the offender, or the circumstances under…

10 Article 10

The term of imprisonment is life or temporary.

11 Article 11

Rules shall be established by or pursuant to an Act of Parliament regarding the execution of custodial sentences and measures involving deprivation…

13 Article 13

A person sentenced to a term of imprisonment who, by reason of a defective development or a morbid disorder of their mental faculties, is eligible…

14a Article 14a

In the event of a conviction to a term of imprisonment of no more than two years, to detention, excluding substitute detention, to a community…

14b Article 14b

The court that determines that a penalty imposed by it shall not be executed, in whole or in part, shall thereby set a probationary period.

14c Article 14c

The application of Article 14a shall be subject to the general conditions that:

14d Article 14d

The Public Prosecution Service is charged with the supervision of compliance with the conditions.

14f Article 14f

The court that has imposed the condition may, either upon receipt of a claim from the Public Prosecution Service or upon the petition of the…

14g Article 14g

If any stipulated condition is not complied with, the court may, if it finds grounds to do so, upon receipt of a claim from the Public Prosecution…

14h Article 14h

In the cases referred to in Articles 14f and 14g, the Public Prosecution Service shall bring the matter before the court by filing a reasoned…

14i Article 14i

The hearing shall take place in open court.

14j Article 14j

Judicial decisions regarding claims by the Public Prosecution Service or petitions by the convicted person shall be reasoned and pronounced in…

14k Article 14k

Where a security deposit has been paid in accordance with Article 14c, paragraph 2, under 3°, it shall be returned to the convicted person, insofar…

15 Article 15

A person sentenced to a custodial sentence of more than one year and at most two years shall be released on parole when the deprivation of liberty…

15a Article 15a

Conditional release is granted subject to the general conditions that:

15b Article 15b

The Public Prosecution Service is charged with the supervision of compliance with the conditions.

15c Article 15c

The probationary period commences on the day of the conditional release.

15d Article 15d

Conditional release may be postponed or withheld if:

15e Article 15e

With the petition referred to in Article 15d, paragraph 4, the Public Prosecution Service shall submit the relevant documents to the court. The…

15f Article 15f

If the court grants the claim of the Public Prosecution Service, as referred to in Article 15d, paragraph 4, it shall determine that the convicted…

15g Article 15g

Conditional release may be revoked if the convicted person has failed to comply with a condition attached thereto.

15h Article 15h

If there are serious grounds to suspect that a convicted person who has been released on conditional parole has conducted themselves in such a manner…

15i Article 15i

If Our Minister of Justice is of the opinion that the convicted person has not complied with a condition and that full or partial revocation of the…

15j Article 15j

If the petition of the Public Prosecution Service, as referred to in Article 15i, paragraph 2, is granted, the court shall order that the portion of…

15k Article 15k

In cases where a claim for revocation of conditional release is dismissed or the public prosecution service is declared inadmissible in its claim…

15l Article 15l

By way of derogation from Article 15, paragraphs one and two, Our Minister of Justice may determine that, for a specific period and for specific…

16 Article 16

Regulations for the further provision of assistance and support to convicted persons shall be established by or pursuant to an Order in Council.

18 Article 18

The duration of the detention (hechtenis) shall be at least one day and at most one year.

19 Article 19

Article 13 shall apply mutatis mutandis to persons sentenced to custody or substitute custody.

21 Article 21

The duration of a temporary custodial sentence and detention shall be specified in the judicial decision in days, weeks, months, and years, and not…

22a Article 22a

The head of the Department of Justice is authorised, in exceptional circumstances and in the interest of the security of the State, to determine that…

22c Article 22c

The judgment or the criminal order shall state whether the community service order consists of a work order, a training order, or a combination of…

22d Article 22d

In the judgment by which a community service order is imposed, the court shall order, in the event that the convicted person does not perform the…

22e Article 22e

The Public Prosecution Service may, in accordance with rules to be established by Order in Council, obtain information regarding the manner in which…

22f Article 22f

The Public Prosecution Service may modify the imposed sentence with regard to the nature of the work to be performed or the training project to be…

22g Article 22g

If the person sentenced to a community service order does not commence the community service, does not cooperate in the verification of their…

22h Article 22h

The provisions of Articles 14h, with the exception of the first sentence of the first paragraph, 14i and 14j of this Code, and Article 449, third…

22i Article 22i

The Public Prosecution Service may only take a decision as referred to in Article 22f, paragraph 1, or Article 22g, paragraph 1, during the period…

22j Article 22j

If, in the opinion of the Public Prosecution Service, the imposed community service has been performed properly, it shall notify the convicted person…

22k Article 22k

Further rules regarding the content of the community service order, the execution of the community service order, and the rights and obligations of…

23 Article 23

Any person who has been sentenced to a fine is obliged to pay the determined amount to the State within the time limit to be set by the Public…

24 Article 24

In determining the fine, the financial capacity of the defendant shall be taken into account to the extent necessary for the purpose of imposing an…

24a Article 24a

If one or more fines are imposed up to an amount of at least € 225, it may be determined in the judgment or the penalty order that the person upon…

24b Article 24b

Where an amount payable pursuant to an enforceable fine has not been paid in full within the period stipulated for that purpose, the convicted person…

24c Article 24c

In the judgment imposing a fine, the court shall order that, in the event that neither full payment nor full recovery of the amount due follows…

24d Article 24d repealed
24e Article 24e repealed
26 Article 26

The term of imprisonment and the term of detention shall, in so far as each of these penalties is concerned, commence:

27 Article 27

When imposing a temporary custodial sentence, detention, or community service order, the court shall order that the time spent by the convicted…

27a Article 27a

The time spent in detention abroad by a person sentenced to imprisonment or custody, pursuant to a Dutch request for extradition for the purpose of…

28 Article 28

The rights of which the guilty party may be deprived by judicial decision, in the cases determined by law, are:

29 Article 29

Deprivation of the right to hold offices or certain offices and to serve in the armed forces may, except in the cases described in the Second Book…

31 Article 31

When the forfeiture of rights is pronounced, the court shall determine the duration as follows:

33 Article 33

Forfeiture may be pronounced upon conviction for any criminal offence.

33a Article 33a

Subject to forfeiture are:

33b Article 33b

The forfeiture of an object includes that of the packaging in which it is contained, unless the court determines otherwise.

33c Article 33c

In the event of the forfeiture of objects, the court may, in cases where the forfeited objects yield more than an amount determined in the judgment…

34 Article 34

Objects that have not been seized shall, in the event of forfeiture, be valued at a specific monetary amount in the judgment.

35 Article 35

The costs of imprisonment and detention shall be borne by the State, insofar as not otherwise provided by or pursuant to any act.

36 Article 36

In cases where the court, pursuant to the law, orders the publication of its judgment, it shall also determine the manner in which such order is to…

108 Article 108

An attempt on the life or liberty of the spouse of the King, of the presumptive successor to the King, or of their spouse, shall be punished by a…

109 Article 109

Any physical assault upon the person of the King that does not fall under a more severe penal provision shall be punished by a term of imprisonment…

110 Article 110

Any physical assault upon the person of the spouse of the King, of the presumptive successor to the King, of their spouse, or of the Regent, which…

111 Article 111

Intentional insult of the King shall be punished by a term of imprisonment not exceeding five years or a fine of the fourth category.

112 Article 112

Intentional insult of the spouse of the King, of the presumptive successor to the King, of the latter's spouse, or of the Regent, shall be punished…

113 Article 113

Any person who distributes, publicly displays, or posts a writing or image containing an insult to the King, the spouse of the King, the presumptive…

114 Article 114

Upon conviction for one of the offences described in Articles 108, 109 and 110, forfeiture of the rights mentioned in Article 28, paragraph 1, under…

114a Article 114a

If an offence, punishable under Article 108, paragraph 1, 109 or 110, has been committed with a terrorist intent, the temporary term of imprisonment…

114b Article 114b

Conspiracy to commit the offences described in Article 108, with a terrorist intent, shall be punished by a term of imprisonment not exceeding ten…

429bis Article 429bis

Any person who places or keeps placed, in a location visible from the public road, words or images that are offensive to religious feelings as…

429quater Article 429quater

Any person who, in the exercise of an office, profession or business, discriminates against persons on the grounds of their race, their religion…

429quinquies Article 429quinquies

Any person who, without being entitled to do so, is present in a prohibited place, shall be punished by detention for a term not exceeding six months…

429sexies Article 429sexies repealed
430 Article 430

Any person who, without permission from the competent authority, makes a recording, or produces a drawing or description of any military work, or who…

430a Article 430a

Any person who, outside of a location designated by the municipal council as suitable for nude public recreation, is present in a state of undress on…

431 Article 431

Any person who causes a disturbance or neighbourhood noise by which the night's rest may be disturbed shall be punished with a fine of the first…

435 Article 435

The following shall be punished with a fine of the second category:

435a Article 435a

Any person who, in public, wears clothing or conspicuous insignia that are an expression of a specific political aspiration, shall be punished by…

435b Article 435b

Any person who, without being entitled to do so, makes use of words, expressions or signs which indicate or may create the impression that their…

435c Article 435c

Any person who, without being entitled to do so, makes use of the Red Cross emblem or the words "Red Cross" or "Geneva Cross", or of signs or words…

435d Article 435d

Any person who uses the coat of arms of the Swiss Confederation or a sign that constitutes an imitation thereof shall be punished with detention for…

435e Article 435e

Any person who, otherwise than in a private setting, through the intervention of a telephone facility used for public or semi-public purposes, offers…

435f Article 435f repealed
436 Article 436

Any person who, not being admitted to the practice of a profession for which the law requires such admission, practices that profession without…

437 Article 437

A trader designated by administrative decree (algemene maatregel van bestuur) who, in the exercise of his profession or business, shall be punished…

437bis Article 437bis

A trader who has been designated by order in council pursuant to Article 437 and who, in the exercise of his profession or business: shall be…

437quater Article 437quater

Any person who violates any regulation established by Order in Council regarding traffic on certain water areas to be designated therein, for the…

437ter Article 437ter

The trader designated by Order in Council pursuant to Article 437, who violates an ordinance issued and promulgated by the council of a municipality…

438 Article 438

Any person who makes it their profession to provide overnight accommodation to persons shall be punished by detention for a term not exceeding one…

439 Article 439

Shall be punished by detention for a term not exceeding one month or a fine of the second category:

440 Article 440

Any person who manufactures, receives, procures, keeps in stock, transports, imports, transits, or exports printed matter or other objects in a form…

441 Article 441

Any person who communicates the content or purport of what has been received by means of a radio receiving apparatus under their control or used by…

441a Article 441a

Any person who, publicly or by distributing any writing, unsolicitedly indicates an object as being available or in their possession, and thereby…

441b Article 441b

Any person who, by making use of a technical device installed for that purpose, the presence of which has not been made known in a clear manner…

442 Article 442

Shall be punished by detention for a term not exceeding three months or a fine of the third category:

442a Article 442a

Any person who, without prior written consent from the Child Care and Protection Board (Raad voor de Kinderbescherming), takes a child under the age…