Dutch Legislation

Title IIA

in force

Maatregelen

Criminal Code (Sr) (Wetboek van Strafrecht) · Articles: 36

Section 1

Onttrekking aan het verkeer, ontneming van het wederrechtelijk verkregen voordeel en schadevergoeding

36a Article 36a

All costs of enforcement of the measures referred to in this section - with the exception of the costs of recovery, including collection costs -…

36b Article 36b

Forfeiture of seized objects may be imposed:

36c Article 36c

Subject to withdrawal from circulation are all objects:

36d Article 36d

Furthermore, objects belonging to the offender or the suspect that are of such a nature that their uncontrolled possession is contrary to the law or…

36e Article 36e

Upon the claim of the Public Prosecution Service, a separate judicial decision may impose upon a person convicted of a criminal offence the…

36f Article 36f

Any person who is convicted by a judicial decision for a criminal offence or against whom a criminal order (strafbeschikking) is issued may be…

Section 2

Plaatsing in een psychiatrisch ziekenhuis en terbeschikkingstelling

37 Article 37

The court may order that a person to whom a criminal offence cannot be attributed due to a defective development or morbid disorder of their mental…

37a Article 37a

The suspect who, at the time of committing the offence, suffered from a defective development or a morbid disorder of their mental faculties, may be…

37b Article 37b

The court may order that the person placed under a hospital order (ter beschikking gestelde) be nursed in a state institution, if the safety of…

37c Article 37c

Rules shall be established by or pursuant to an Act of Parliament regarding the nursing of persons by government order and the legal position of…

37d Article 37d

Persons placed at the disposal of the government may be nursed in facilities designated by the Minister of Justice:

37e Article 37e

The costs of nursing and treatment of persons placed under a hospital order (ter beschikking gestelden) shall be borne by the State, insofar as not…

38 Article 38

If the court does not issue an order as referred to in Article 37b, it shall, for the protection of the safety of others or the general safety of…

38a Article 38a

The conditions referred to in the first paragraph of Article 38 may entail that the person placed at the disposal of the government submits to…

38b Article 38b

The court may, upon a claim by the Public Prosecution Service or upon a petition by the person placed at the disposal of the government or their…

38c Article 38c

The court may, upon the application of the Public Prosecution Service, if a stipulated condition is not complied with or if the interest of the…

38d Article 38d

The placement at the disposal of the government (terbeschikkingstelling) shall apply for a period of two years, calculated from the day on which the…

38e Article 38e

The total duration of the measure of placement at the disposal of the government with an order for compulsory treatment shall not exceed a period of…

38f Article 38f

The term of the placement (terbeschikkingstelling) does not run:

38g Article 38g

The compulsory treatment by the government may, upon the decision to extend the placement at the disposal of the government (terbeschikkingstelling)…

38h Article 38h

Without prejudice to the provisions of Article 38g, paragraph 1, if the probationary leave of a person placed at the disposal of the government (ter…

38i Article 38i

The court may, of its own motion, upon the claim of the Public Prosecution Service or upon the petition of the person placed at the disposal of the…

38j Article 38j

In the event of conditional termination of the compulsory treatment by the state, the placement at the disposal of the government…

38k Article 38k

The court may, upon the claim of the Public Prosecution Service, issue an order for the resumption of the placement under government care, if:

38l Article 38l

A placement order (terbeschikkingstelling) shall lapse upon a judicial decision becoming irrevocable by which the same person is again placed under a…

38la Article 38la

Our Minister may terminate the placement under a hospital order (terbeschikkingstelling met bevel tot verpleging van overheidswege) in respect of an…

38lb Article 38lb

The court may, of its own motion or upon the claim of the Public Prosecution Service, terminate the placement in a psychiatric hospital by order of…

Section 3

Plaatsing in een inrichting voor stelselmatige daders

38m Article 38m

The court may, upon the claim of the Public Prosecution Service, impose the measure of placement of a suspect in an institution for habitual…

38n Article 38n

The measure shall apply for a period of no more than two years, calculated from the day on which the judicial decision by which it was imposed has…

38o Article 38o

Placement shall be effected in an institution for habitual offenders designated by our Minister of Justice.

38p Article 38p

The court may determine that the measure shall not be executed.

38q Article 38q

The court may, upon the claim of the Public Prosecution Service, upon the petition of the convicted person or their counsel, or of its own motion…

38r Article 38r

The court may, upon the application of the Public Prosecution Service, if a condition is not complied with, order that the measure shall be enforced…

38s Article 38s

The court may, upon the claim of the Public Prosecution Service, at the request of the suspect or their counsel, or of its own motion, decide at or…

38t Article 38t

The term of the measure does not run:

38u Article 38u

Our Minister of Justice may terminate the measure at any time.