THE WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS



THE NETHERLANDS




Alexis A. Aronowitz
International Police Institute
University of Twente




This country report is one of many prepared for
the World Factbook of Criminal Justice Systems
under Bureau of Justice Statistics grant
No. 90-BJ-CX-0002 to the State University of New
York at Albany.  The project director was Graeme
R. Newman, but responsibility for the accuracy of
the information contained in each report is that
of the individual author.  The content of these
reports do not necessarily reflect the views or
policies of the Bureau of Justice Statistics or
the U. S. Department of Justice.




General Overview


1. Political System.
     The Kingdom of the Netherlands, as defined by
the Constitution, includes the Netherlands, Aruba,
and the Netherlands Antilles. (All statistics in
this report are provided only for the
Netherlands.)  The Netherlands itself is divided
into 12 provinces and 672 municipalities.  Each
province has an elected representative body known
as the Provincial States. (Hunter, 1991: 905).
     The Netherlands is a constitutional and
hereditary monarchy. The Crown is passed down to
the monarch's first born child, male or female.
The central executive power is vested in the
Crown.  The Crown appoints the 28 members and is
president of the Council of State (Raad van
Staat).  However, daily executive operations are
carried out by the vice-president.
     The central legislative power is vested in
the Crown and Parliament, comprising two bodies or
chambers (Staten-General). The first or upper
chamber is elected by the members of the
Provincial States; the second or lower chamber
is elected by general vote by all Netherlands
citizens who have reached voting age.  Members of
both chambers serve 4 years and retire as a body. 
The Crown has the power to dissolve one or both
chambers providing a new election takes
place within 40 days and the new chamber(s) is
(are) assembled within 3 months.  
     Both the Second Chamber and the Crown can
propose bills; the First Chamber may only approve
or reject the bills without amending them. 
Legislation is prepared by the appropriate 
Ministries, of which there are 13, not including
the Prime Minister.  The role of the Ministry of
Justice, in addition to proposing relevant
legislation, is to evaluate legislation by other
ministries to ensure its conformance to the
Constitution and international law. (Hunter, 1991:
905; Netherlands Ministry of Justice: 6).
     The most powerful political parties are the
Christian Democratic Appeal, the Labour Party,
People's Party for Freedom and Democracy, and the
Democrats '66.  Other smaller political parties
hold limited seats in parliament. (Hunter, 1991:
904). 
     The Netherlands has a unitary governmental
structure.  Operation of the federal police, the
Public Prosecutor's Office, and the correctional
system all fall under the authority and control of
the Ministry of Justice; the municipal police
answer to the Ministry of Internal Affairs.   The
application of laws and legal procedures is
consistent across the country. 
     The principal laws which guide the criminal
justice system in the Netherlands are the
Constitution, the Criminal or Penal Code, the Code
of Criminal Procedure and Special Acts.
Furthermore, the criminal law in the Netherlands
is influenced by European Community law and
European treaties.  These treaties must be
approved by parliament, duly published and
incorporated into domestic law.  When treaties are
adopted by the Dutch parliament they can be
applied directly by Dutch courts. (Hoyng, 1992:
1).      
     The criminal justice system is further
organized through a number of federal Acts which
regulate the police (the Police Act of 1957), the
bar association (the 1952 Bar Act), the prison
system (the Principles of Prison Administration
Act of 1953) and the probation service (1986
Probation Regulation).  The Police Act is being
rewritten and its implementation is expected by
the beginning of 1994. (Tak, 1993: 7) 

2. Legal System.
     The criminal justice legal process is divided
into pretrial and trial phases. In the pretrial
phase, intrusive measures such as telephone taps,
searches of the person or premises are conducted
to secure evidence. This is tempered through the
provision of an attorney and notification to the
suspect of the development of the case.  The trial
phase can be described as an accusatorial process.
The purpose of the trial is to discover the truth. 
The court trial lacks some elements of a purely
adversarial process in that while it is the judge
who asks questions at the trial, attorneys are
only allowed to ask supplementary questions,
cross-examination does not exist. (Tak, 1993: 14).
     Court decisions serve as a guideline for
lower courts.  However, there is no mandatory
provision for a higher court's decision to be
legally binding upon a lower court.  In practice,
though, lower courts will follow the decisions
handed down by the Supreme Court.  A reversal of a
judgment of a lower court case by the Supreme
Court does not alter the judgment of the case just
reviewed, but it does affect subsequent judgments.
(Netherlands Ministry of Justice,
1990a: 9,12).
     Prosecutors have almost omnipotent powers to
settle cases outside of court through the use of
the conditional waiver and transaction.  Both
measures are procedural options available to the
prosecutor and to the police, although on a
much more limited basis.  These measures can be
used to dispose of cases without having to bring
them to court.  The conditional waiver resembles
an informal system as few conditions exist within
it to limit prosecutorial decisions.  The
prosecutor has an almost unlimited flexibility in
the conditions assigned to the accused (more so
than the options available to the judge when
handing down a sentence or attaching specific
conditions when handing down a suspended
sentence.) (Van Kalmthout and Tak, 1992, p. 685). 
While transaction exists as a means of keeping
the accused out of the formal court system,
detailed legislative regulations exist to restrict
the transaction procedure. (For a thorough
explanation of conditional waiver and transaction,
see Van Kalmthout and Tak, 1992, pp 680-691.)

3. History of the Criminal Justice System.

     The French Napoleonic Penal Code was the
governing body of law in the Netherlands between
1810 and 1886.  With the foundation of the Kingdom
of the Netherlands in 1813, the Constitution
stipulated that Codes shall regulate substantive
and procedural criminal law. Numerous attempts to
draft a penal code were presented to the
parliament.  However, a lack of agreement on a
system of sanctions prevented any of these
drafts from being adopted.  
     The Dutch Criminal Code (also referred to as
the Penal Code), which contained elements from the
French, English and German systems, was adopted by
parliament in 1886.  It emphasized imprisonment as
the principal disposition for serious, intentional
criminal offenses. Less serious offenses and
infractions were given sentences of detention. 
While the Criminal Code provided for a system of
fines, the fines were intentionally kept so low by
the legislators that this virtually prohibited
them from being handed down, except in
the most minor cases.  Even with an emphasis on
incarceration, sentences remained short and the
Netherlands penal system was, and still is,
characterized as a relatively lenient system.
(Tak, 1993: 5;.van Kalmthout, 1992: 663).
     The Criminal Code remained relatively intact
until 1945.  Since that time reforms have been
introduced which have created new criminal
offenses (e.g., hijacking, environmental
pollution, computer-hacking, invasion of privacy
and discrimination) and have decriminalized other
acts (e.g., adultery, consensual homosexual acts
between an adult and a juvenile over the age of
16). 
     Major reforms in the philosophy of punishment
and the actual sanctions were introduced into the
Criminal Code after 1945.  One of the most
important was the 1983 Financial
Penalties Act, which expanded the court's ability
to apply financial and accessory penalties.  This
introduced a shift in punishment philosophy from
an emphasis on deprivation of liberty to a
preference for fines and other penalties.  Other
reforms included introduction of suspended
sentences (1986), automatic release from prison
after having served 2/3 of a prison sentence
longer than one year (1986), and the introduction
of community service as a principal penalty
(1989). (Tak, 1993: 3). 
     Additionally, since not all crimes have been
included in the Criminal Code, other statutes have
been enacted and by-laws passed, which also cover
criminal offenses.  The main statutes are the
Narcotics Drug Act of 1928, the Road Traffic Act
of 1935, the Economic Offenses Act of 1950, and
the Arms and Munitions Act of 1989.  Violation of
any of these statutes, laws, or by-laws
constitutes a criminal offense with the exception
of minor traffic violations, which constitute an 
administrative infraction amounting to a small 
financial penalty. (Tak, 1993: 4). 
     The French Napoleonic Code of Criminal
Instructions served as the predecessor to the
Dutch Code of Criminal Procedure.  The Dutch Code,
reflecting the Napoleonic Code with some
modifications, was adopted in 1838.  This
inquisitorial code remained intact, despite
numerous reform attempts, until 1926, when it was
supplanted by the present Code of Criminal
Procedure.  Reforms introduced since 1945
have included the 1974 Act on Pretrial Detention
and a 1983 reform introducing the "transaction." 
The transaction gives the prosecution the
authority to decide on an out-of-court monetary
settlement for an offense whose maximum penalty is
6 years, if the offender agrees to pay a certain
amount of money to the Treasury.
     Other major influences on the Dutch Code of
Criminal Procedure have been introduced through
the European Convention for the Protection of
Human Rights and Fundamental Freedoms (ratified
1954) and the International Covenant on
Civil and Political Rights (ratified 1979).
Neither document requires parliamentary
ratification for implementation in Dutch courts. 
These documents supersede all other  Dutch law. 
Other European Conventions concerning procedural
law are to be found in the conventions on the
Mutual Assistance in Criminal Matters, on Transfer
of Proceedings in Criminal Matters, on
Extradition, on the International Validity of
Criminal Judgments, and on the Transfer of
Sentenced Persons.  In addition, the European
Court of Human Rights in Strasbourg, France, also
determines the standards (anonymous witnesses,
habeas corpus, undue delay) to be
applied in Dutch courts. (Tak, 1993: 5-6)
     Specific acts also determine procedural law. 
The Economic Offenses Act and the Narcotic Drugs
Act dictate the procedural application of search
and seizure in these specific instances which
deviate from the standard established in the Code
of Criminal Procedure.

CRIME

1. Classification of Crime.

* Legal classification.  All prohibited acts are
classified either as crimes or felonies
(misdrijven), infractions or transgressions
(overtredingen).  The legislature determines
whether an offense constitutes a crime or an
infraction. (Tak, 1993: 8).
     Generally, serious offenses involving
physical harm are classified as crimes or felonies
(murder, intentional homicide, theft combined with
violence).  The classification of an offense
determines the level of the court that will try
the case at first instance.  In general,
transgressions are tried in cantonal courts and
crimes are tried in district courts. (Hoyng, 1992:
25).

* Age of criminal responsibility.  The age of
criminal responsibility is 12.  Juveniles between
the ages of 12 and 18 are subject to the juvenile
criminal law.  However, judicial discretion may be
exercised when taking into account the seriousness
of the offense and the personality of the
offender. For example, the judge can order a young
adult between the ages of 16 and 18 to be dealt
with under the adult criminal law.  Judicial
discretion will also allow young adult offenders
between the ages of 18 and 21 to be subject to the
juvenile criminal law. (Tak, 1993: 1-2).

* Drug Offenses.  The revised Opium Act of 1976
dictates drug offenses in the Netherlands.
Prohibited by law are drug trafficking offenses:
"importation, exportation and transportation" and
the sale and production of drugs.  The Opium Act
(Article 2) further prohibits the "preparation,
cultivation, digestion, sale, supply or transport"
of prohibited drugs.  Drugs are classified by the
National Criminal Intelligence Service (Centrale
Recherche Informatiedienst), as either hard or
soft drugs.  Hard drugs include heroin, cocaine,
amphetamines, amphetamine oil, amphetamine
tablets, methadone tablets, and LSD. Soft drugs
include hashish, hashish oil and marijuana.
(Statistical Yearbook of the Netherlands 1993,
1993: 403; Leuw, 1991: 2). 
     While it is a criminal offense to sell or
deal in both hard and soft drugs, the enforcement
policy differs with soft drug use.  The sale and
use of small amounts of soft drugs, usually under
30 grams, is tolerated in coffee houses throughout
the Netherlands.   Additional restricted drugs are
detailed in the Opium Act of 1976 under lists one
and two.  (Opiumwet, VII, 1992: 201-204; Leuw,
1991: 2).


2. Crime Statistics.

* Murder.  In 1991, there were 216 completed and
2,070 attempted homicides.  The rate for completed
murder and manslaughter offenses was 1 per 100,000
population.  The rate for attempted murder and
manslaughter was 14 per 100,000.  (Department for
Statistical Information and Policy Analysis,
Registered Crime in the Netherlands, 1991: Table
1: Crimes known to the police in the Netherlands;
Table 2: Crimes known to the police  in the
Netherlands per 100,000 inhabitants.  Police
statistics report homicides and do not
differentiate between the legal definitions of
murder and manslaughter--and exclude the category
of "culpable homicide or grievous bodily harm.")
     Article 289 of the Criminal Code states that
anyone who intentionally and after premeditation
takes the life of another is guilty of murder and
shall be subject to a life sentence, a prison
sentence not exceeding 20 years, or a fine of the
fifth category - 1,000,000 Dutch guilders. (Tak,
1993: 10).
     The Dutch Criminal Code recognizes the
principle of maximum punishment, or maximum
sentence a judge can impose for a given offense. 
While the criminal code, in theory, allows for the
imposition of a fine in serious violent offenses,
in practice this option is rarely used.  More
common in cases of murder and particularly violent
sexual offenses is the imposition of "TBS" (ter
beschikking stelling).  TBS is often imposed in
addition to a prison sentence.  After having
served time in a correctional facility the inmate
is transferred to a mental institution.  While the
individual must undergo regular reviews to
determine if (s)he is able to be released, TBS
can be imposed indefinitely and the individual can
be held for the remainder of his or her natural
life.
* Rape.  In 1991, the police reported 1,333
incidents of forcible rape, at a rate of 9 per
100,000 population.  Attempts are included.
(Department for Statistical Information and Policy
Analysis, Table 1: Crimes known to the police in
the Netherlands, Table 2: Crimes known to the
police in the Netherlands per 100,000 inhabitants. 
In police statistics, rape is one sub-category of
a larger category of sexual offenses.)  
     Article 242 of the Criminal Code states that
a person is guilty of forcible rape if through the
use of force, threatened use of force or another
act of violence forces the sexual penetration of
the body of another.  The punishment for forcible
rape is a maximum prison sentence of 12 years or a
fine of the fifth category (1,000,000 Dutch
guilders). 
* Serious Property Crime.  In 1991, there were
472,130 aggravated thefts, at a rate of 3,145 per
100,000 population.  Attempts are included.  As
reported in the police statistics, aggravated
theft is an administrative definition based upon
an aggregate of theft offenses listed in the Dutch
Criminal Code. (Department for Statistical
Information and Policy Analysis, Table 1: Crimes
known to the police in the Netherlands; Table 2:
Crimes known to the police in the Netherlands per
100,000 inhabitants). 
     Aggravated theft is defined as the taking
away of any goods which belong to someone else,
with the intention of unlawfully possessing said 
goods.  This crime includes theft with breaking
and entering premises and other aggravated theft
(to include theft with violence and other
aggravated theft). (Tak, 1993: 11).

* Serious Drug Offense.  In 1991, there were 4,261
drug offenses of which 3,580 were hard drug
offenses and 681 were soft drug offenses. The rate
of hard drug offenses was 24 per 100,000
population and the rate of soft drug offenses was
5 per 100,000 population.  Attempts are included.
(Department for Statistical Information and Policy
Analysis, Table 1: Crimes known to the police in
the Netherlands; Table 2: Crimes known to the
police in the Netherlands per 100,000
inhabitants).  
     The category of drug offenses registered by
police is an administrative definition which
reflects only the number of offenses in violation
of the Opium Act, in which offenses are
categorized as hard and soft drug violations. 

* Crime Regions.  The crime rate is highest for
the western, most urbanized part of the country,
consisting of four regions with a high
concentration of cities, known as the Randstad. 
Densely populated, large cities have the highest
victimization rates, especially for violent
crimes, threats and property offenses. In large
cities, crime is concentrated in "neighborhoods
characterized by weak internal social relations
and a high level of decay."  (Eijken, 1992)
     Crime is particularly high in Amsterdam, the
Netherlands' largest city, accounting for 50% of
all street robberies, 25% of all other robberies,
25% of the auto thefts and over 25% of bicycle
thefts. (Eijken, 1993)  


VICTIMS

1. Groups Most Victimized By Crime.  

     Since 1980, a national victimization survey
has been conducted in the Netherlands every 2
years.   A general pattern has emerged concerning
victimization rates.  Young people are at greater
risk of victimization of bicycle theft, threat and
assault than are the elderly. Young females are at
greater risk of sexual assault than young males,
whereby young males are at greater risk of being
threatened. (Eijken, 1992; National Victimization
Survey, 1993)  
     A victimization study conducted in the cities
of Amsterdam and Rotterdam looked at victimization
among foreigners (Turkish, Morroccan and
Surinamese) and compared these results to a
national survey of Dutch crime victims.  The
results indicate that the foreign population had a
higher overall victimization rate than the Dutch
sample.  That is, 68% of the foreign population
sample had been victimized compared to 47% of the
Dutch sample.  The discrepancy in victimization
rates held for both property and violent crimes. 
Sixty percent of the foreign population sample
were victims of property crimes as opposed to 43%
of the Dutch sample and 21% of the foreign sample
were victims of violent crimes as opposed to 9% of
the Dutch sample. (Ministry of Internal Affairs,
1993: 105)

2. Victims' Assistance Agencies.
     
     The Ministry of Justice, through the National
Victim Support Organization, subsidizes local
victim support programs, called Victim Support
Bureaus (Buro's Slachtofferhulp).  These bureaus
provide assistance to victims of crime and traffic
accidents. Volunteers and paid professionals 
provide financial, material, psychological, and
emotional assistance to victims of crime.  There
are a total of 67 programs nationwide. In 1990,
the largest percentage of referrals to the Bureaus
came from the police or justice system.  A
separate foundation, the Victim Assistance Fund
(Hulpverlening aan Slachtoffers or HAS fonds) also
provides material assistance to individuals,
businesses and institutions victimized by crime.
(de Beer, 1992: 173-174).

3. Role of Victim in Prosecution and Sentencing.  
     
     The role of the victim in the criminal
justice system is limited to that of the witness
or informer in the pretrial phase. However, the
victim does have limited power to initiate
criminal proceedings against an offender.  If the
police deal with a case informally, the victim can
file a complaint with the public prosecutor's
office to review the police decision.  If the case
is disposed of informally at the prosecutorial
level, the victim (or any other person with a
direct interest in the prosecution of the case)
may file a written complaint with the Court of
Appeal.  If the court feels the prosecutor erred
in dismissing the case, or misused his power of
discretion, the court may order the prosecutor
to initiate prosecution. However, court ordered
prosecutions are rare. (Tak, 1993; 29).
     The victim does not have a right to be heard
at the trial, to appeal a decision or to private
prosecution.  However, the victim does have the
right to seek compensation from the offender and
may present a private lawyer for this purpose. 
The state does not provide the victim with legal
assistance in this matter. (Tak, 1993; 30).

4. Victims' Rights Legislation.

     The Criminal Injuries Compensation Fund Act,
created in 1975, serves to compensate victims of
violent crimes resulting in bodily injuries. 
Compensation may extend up to 25,000 guilders for
material losses and 10,000 guilders for immaterial
losses. Decisions concerning claims are made by a
national committee whose decision may be appealed
to the Court of Appeals in the Hague. (Tak, 1993;
30). 
     A "victim support tax" is under
consideration, as of December 1993, by the
Minister of Justice.  The tax would levy a 5%
surcharge on all offenders on fines and out-of-
court settlements. (Netherlands Ministry of
Justice, 1990b: 72; de Beer, 1993).


POLICE

1. Administration.  

     The organization of the police was
established through the 1957 Police Act.  This act
provided for the division of the police into two
separate forces: the municipal (gemeentepolitie)
and the national police (rijkspolitie). 
Municipalities with a population over 25,000 have
their own municipal police.  Rural areas are
patrolled by the national police.  
     There are 148 municipal police forces. 
Duties of municipal police include patrol,
criminal investigation, traffic, and special units
(e.g. juvenile, immigration matters, special laws,
vice), and administrative matters.  The degree of
specialization is determined by the size of the
force. (Van der Vijver, et al., 1992: 79).  
     The  Municipal police fall under the
supervision of the Minister of Internal Affairs
through the provincial governors (ICPR, 1990; 19). 
The management, control and administration
of the municipal police is the responsibility of
the mayor.  The public prosecutor, however, serves
as the senior investigator and is given authority
over all criminal investigative tasks of the
police in every community.  In recent years, the
prosecutor has taken a more active role in working
with the police on investigations. (Tak, 1993;
20). 
     The national police are a centralized
organization under the administrative control of
the Ministry of Justice.  In addition to
specialized units, the national police has the
responsibility for providing law enforcement to
rural areas.  For this purpose they are divided
into 17 districts with each district being further
divided into smaller sections.  Each subsection
has between 9 and 53 state police officers working
in that area.  The responsibilities of these state
police officers resemble those of the municipal
police. (Van der Vijver, et al., 1992: 79).  
     The national police have several special
units.  For instance, the Federal Water Police
(Rijkspolitie te Water), which is divided into 4
districts, is responsible for police actions on
the coastal and territorial waterways.  The
Aviation Service (Dienst Luchtvaart), is
responsible for the patrolling of airports and the
investigation of air traffic accidents as well as
environmental crimes.  The General Traffic Service
(Algemene Verkeersdienst or AVD) is responsible
for traffic control on the highways.  It also
maintains all information concerning traffic
violations for dissemination to other police
stations. (Van der Vijver, et al., 1992: 81; ICPR,
1990: 19). 
     Other Federal Police Units include the
Military Police Force (Koninklijke marechaussee),
which is led by the Ministry of Defense and is
responsible for guarding the borders and other
police functions at places under the control of
the Ministry of the Defense.  The National
Criminal Intelligence Service (Centrale Recherche
Informatiedienst or CRI) falls under the
administrative auspices of the Ministry of
Justice.  The CRI serves as the national
clearinghouse for information on crime prevention 
and control. It analyzes information, co-ordinates
investigations, and assists municipal police at
their request.  The CRI employs both civilians and
detectives and serves as the Interpol National
Central Bureau. (ICPR, 1990: 19).   
     The CRI is divided into three departments.
The General Administration Department handles
administrative matters such as translations,
personnel, security and domestic services.  The
Police Information Department has sections on 
Information, Circulations, Police Records, Central
Fingerprint, and Photography.  Finally, the
Criminal Investigation Department includes the
following branches:  Narcotics, Special Unit,
Organized Crime, Firearms, Fraud, Counterfeits,
Art and Antiques, Stolen Motor Vehicles, and
Criminal Intelligence.
     Other special investigative law enforcement
agencies exist at both the municipal and federal
levels and are restricted by the types of offenses
which they may investigate. For instance, on the
national level, the Ministry of Economic Affairs
or the Internal Revenue Ministry have special
investigative units to deal with matters which are
of unique concern to them. (Tak, 1993; 20).        
    The organization of the Dutch police is
currently being restructured. Over the last 5
years a new plan was devised and partially
implemented.  The new Police Law outlining the
reorganization of the police and its full
implementation is anticipated by January 1, 1994.  
The changes are expected to have the following
results: 1) the integration of both municipal and
national police into 25 regional police forces
with 450 to 4,500 police officers in each region;
2) one of the mayors of the region will be the
administrative head of the police force with the
remaining mayors of the region comprising a police
board which will serve as the final decision maker
on financial and organizational matters; 3) the 
Minister of Internal Affairs will finance the
police and determine minimum standards for the
professional and qualitative aspects of police and
their services; and 4) there will be one national
service ("landelijke politiediensten") responsible
for traffic control on waterways and highways,
protection of the royal family and other VIP's,
and protection of national facilities and
telecommunications equipment.  This branch will
fall under the administrative control of the
Ministry of Justice. (Kuijvenhoven, 1992: 44;
WODC, 1993: 5).).


2. Resources.

* Expenditures.  In 1990, the Dutch government
spent 3.63 billion Dutch guilders on the police.
(Oudhof, 1992: Table 27: Allocation of budgetary
resources to criminal justice activities). 

* Number of Police.  In 1991, there were a total
of 23,694 police officers of which 6,527 were
employed by the state police and 17,167 were
employed by the municipal police.  Of the State
police, 5,084 (77.4%) were employed in rural or
"land service".  These figures exclude the
technical and administrative staff as well as
officers in Amsterdam. (Statistical Yearbook 1993
of the Netherlands, 1993: 400).   
     In 1993, female officers comprised an average
of 11% of the municipal police departments.   The
municipal police department with the highest
percentage of female officers was the Hague, in
which 18.6% of the uniformed police officers
and 22% of the civilian employees were female.
(Schreuder, 1993).  As of July 1, 1991, female
officers constituted slightly over 7% of the state
police force.  The percentage of female state
police officers varies from one district to the
other, reaching as high as 17% in the "Randstad",
which is the highly populated western part of the
country, and as low as 4% in another district. The
country is striving for an increase its female
officers to 25% of the work force.(van der Vijver,
et al., 1992: 75).  All police officers are Dutch
citizens.  Information is not available on ethnic
origin. 

3. Technology.

* Availability of police automobiles.  Information
concerning the exact number of police vehicles is
not available.  The Logistical Division of the
Corps of National Police Services estimates the
total number of police vehicles to be about
12,000, including marked vehicles, undercover
vehicles, and tow cars.  The number of marked
police vehicles is estimated to be 5,000.  There
are fewer cars in service in the northern and
eastern regions of the country than in the
"Randstad" or densely populated western part of
the country. (Hoekstra, 1993).

* Electronic equipment.  In addition to radar,
computer aided dispatch, and radio communications,
there are nationwide registration and
investigative computer systems.  Some examples of
these are: the Identification System
(HerKenningsdienst Systeem or HKS) which maintains
data on persons who have committed criminal
offenses, in addition to facts about crimes where
no offender has been caught.  While the HKS
operates on regional levels, they are bound
together by the Central Reference Index (Centrale
Verwijzings Index or CVI) which indicates the
region in which information has been compiled on
an individual.   
     The Netherlands Automatic Fingerprints System
(Het Automatische VingerAufdrukken Systeem
Nederlandse Kollektie or HAVANK) is an automated
system where fingerprints from the National
Criminal Intelligence Service (Centrale Recherche
Informatiedienst) are kept on file.  It is capable
of identifying partial prints found at a crime
scene. 
     At the municipal level, police departments
maintain computer systems which compile
information on arrestees and on trouble-prone
locations.  There are systems which contain
information on foreigner registration.  The
Summons Processing System (Bekeuring Afhandeling
Systeem or BAS) contains information on
individuals with outstanding summons or tickets. 
Within the Amsterdam police, Mobile Data Terminals
(Mobiele Data Terminals or MDT) allow officers
using computers in their patrol or surveillance
automobiles to obtain information from computers
anywhere in the country. (Van der Vijver, et.al.,
1992: 86). 
* Weapons.  Throughout the Netherlands, all police
officers, barring those assigned to special
tactical units, carry the same weapons: handcuffs,
a short baton, and a 9 mm. Walter P-5 handgun.
Bullet proof vests are also available and are
carried in the trunks of many police cars.
(Castricum, 1993).


4. Training and Qualifications.

     Training for all municipal and state police
takes place in the same schools.  There are five
schools around the country, each providing similar
education and training.   The training period for
police officers lasts 20 months and is divided
into three phases. The first phase consists of 11 
months (including vacations) at the police school
where recruits study law, traffic situations,
sports (martial arts and swimming), and how to use
a weapon. There is also an emphasis on role
playing situations in which recruits may later
find themselves.  The second phase lasts 5 months
and involves on-the-job training.  The last 3
months are spent back at the police school.  Upon
completion of the program, recruits are then
assigned to work with experienced officers. 
(Ministry of Internal Affairs, 1991; Castricum,
1993).
     For management positions starting at the
level of "Inspecteur", applicants must have
graduated from the highest level high school
(V.W.O.) and must pass through a selection
process involving a 6-day examination.  All 
applicants attend the Dutch Police Academy at
Apeldoorn (Nederlandse Politie Academie).  The 4-
year study program involves 18 months of academic
study (e.g. law) followed by 6 months on probation
as a patrol officer, 12 months of academic study
in management, 6 months of probation in an
administrative position, followed by 6 months
preparation for the examination.  For outstanding
applicants (former street cops) it is possible to
attend the management school for a 3-year period.
(Schreuder, August 16, 1993).
     New recruits for the position of patrol
officer must be 18 years of age.  At the time of
their application, they can be 17 and a half years
old.  They must currently, or within one year,
have Dutch citizenship.  Graduation from a
particular level of high school is required and
applicants must have satisfactory grades in Dutch
plus a foreign language, mathematics, or biology. 
Applicants must possess a valid class B driver's
license or be able to obtain one within a 3-year
period.  They must also be in good health.
Criminal convictions will disqualify an applicant.
     The selection process consists of a two-day
examination which includes an intelligence and a
physical fitness test, as well as interviews with
police officers and a psychologist.  There is one
"selection center" for the entire country.  The
department with which the recruit desires to work
will conduct a background investigation and an
interview.  The decision to accept or reject the
applicant will then be made. (Ministry of Internal
Affairs, 1991).

5. Discretion.

* Use of force.   Individuals have a "guaranteed
right to physical integrity" as established by
Article 11 of the Constitution.   Any infringement
of this right is rigidly controlled and must be
prescribed by law.  Article 33a of the modified
Police Code dictates the conditions under which
police may employ force against an individual. 
Self-defense is a further legal authorization for
the use of police force, as prescribed by Article
41 of the Criminal Code:  "Appropriate force, when
possible, preceded by a warning, should be applied
only if the objective cannot be achieved by other
means". Deadly force may only be used in
situations involving a threat to the life or
safety of the officer or the public. (Castricum,
1993). (Kruize and Wijmer, 1991: 121).

* Stop/apprehend a suspect.  Police may stop and
question any suspect whom they believe to be
involved in a violation of law.  Temporary
detention is limited to 6 hours before the 
suspect is either released or arrested.  Police
may only make an arrest for a crime which they
witness in progress. If the police do not witness
the crime they make an arrest only if the crime
carries a statutory maximum prison sentence of 4
or more years (arrestable offenses).  For less
serious offenses, the suspect is taken to the
station, questioned, and released with a summons
to appear in court at a later date. (Tak, 1993:
16). 
     In theory, a higher ranking police official
can order detention for 2 days.  The prosecutor
has the authority to extend the arrest for another
period of 48 hours before the suspect must be
presented to an examining judge who will determine
whether further detention is warranted.  In
practice, however, detention at the station can
last no longer than 3 days as determined by the
European Court of Human Rights in 1988. (Tak,
1993: 16; Lensing and Rayar, 1992: 626). 

* Decision to Arrest.
     The decision to arrest is made by a senior
police officer, who is an officer at the
management level of Inspecteur.  Officers need an
arrest warrant only in situations in which the
suspect is in his own or another private home and
refuses to allow the officers entry onto the
premises for the purpose of an arrest or a search
of the house (Schreuder, 1993).
     Information pertaining to the percentage of
warrantless arrests is not available.  The
majority of arrests are made without warrants,
including those which occur after an
investigation, as opposed to arrests made for
crimes witnessed by the arresting officer.
     In cases of minor infractions involving
first-time offenders, police will release the
suspect.  This practice is regulated by a formal
agreement between the Police and the Public
Prosecutor's Office.  This agreement, however, is
noted in police records to prevent habitual
offenders from continuously being released as
first-time offenders.  Other factors which may
influence an officer to deal informally with
suspects involved in nonserious violations are the
offender's age or the belief that formal
processing in the criminal justice system would
not benefit the suspect or the system.  These are
not regulated by departmental rules but are guided
by personal beliefs and decided after consulting
with a prosecutor (Officer of Justice).
(Schreuder, 1993).   

* Search and seizure.  The search and seizure of
property is dictated by Articles 94 to 125 of the
Code of Criminal Procedure.  Under Article 97, the
arresting officer can search the apartment or any
public places where the offense occurred or where
evidence of the offense may exist without a
warrant when the suspect was caught in the act or
when permission for arrest of a felony offense is
outstanding.  No search warrant is necessary if
the suspect gives permission for the search.
(VIII. Wetboek van Strafvordering, Nederlandse
Wetboeken - Suppl. 243, Maart 1993).
     When a search warrant is required, an
apartment may be searched only if the police
officer is accompanied by any of the following
persons: a cantonal court judge, a police
commissioner, or the mayor of a municipality.  A
written search warrant may be issued by the
procurer-general of a court, an Officer of Justice
(prosecuting attorney), or by special written
permission from one of his auxiliary officials
(hulpofficier) which also includes a higher-
ranking police official at the level of
inspecteur.  A hulpofficier can only provide a
search warrant for another officer, but not for
his own investigation.   Any articles or objects
which aid in establishing the truth or prove
unlawfully obtained profit or criminal activity
are subject to seizure. (Schreuder, 1993).

* Confessions.  Confessions must be voluntary and
may not be obtained through the use of force,
threat, or promises; drugs, alcohol, hypnosis or
exhaustion.  They are to be taken in the accused's
own words (Code of Criminal Procedure, Article
29). If a confession is involuntarily obtained it
will be excluded from the trial (Lensing and
Rayar, 1992; 627; Schreuder, 1993).
     During police interrogation, suspects have
the right to remain silent and cannot be forced to
answer police questions.  During the 6-hour
detention period, police are allowed to question
suspects and may refuse them access to a lawyer. 
After the 6-hour detention in cases where police
make an arrest for an "arrestable" (felony)
offense, a lawyer is automatically provided the
accused.

6. Accountability.

     When police are involved in criminal
violations of a serious nature, such as corrupt
activities, the Federal Criminal Investigation
Division (Rijksrecherche) conducts an
investigation. They are also responsible for
investigating incidents in which the  police fire
their weapons. The formal decision regarding the
outcome of the case will be made by an officer
within the Ministry of Justice.
     Disciplinary infractions are investigated by
the police department in which the alleged offense
occurred.  The mayor makes a final determination
on the outcome of the charges.  More serious
complaints involving a misuse of police discretion
(beleidsklachten) are forwarded to the national
police (landelijke or plaatselijke) for further
investigation. The Amsterdam police have created a
special unit, the Commission for Police Complaints
in Amsterdam (Commissie voor Politieklachten
Amsterdam) to deal specifically with problems
involving the misuse of discretion.  Similar
offices exist in most large city police
departments. 
     Additionally, a National Ombudsman exists to
examine complaints against the police.  Complaints
can be filed directly in the office of the
Ombudsman.  While most complaints are handled by
the police, the Ombudsman serves as a form of
independent external control.   The Ombudsman
examines the complaints and can make
recommendations but has no authority to enforce
these recommendations. (Castricum, 1993; Van der
Vijver, et al., 1992: 91).

PROSECUTORIAL AND JUDICIAL PROCESS

1. Rights of the Accused.

* Rights of the accused.  During the pretrial
process the accused may file an appeal against the
writ of summons and may request, if the case has
not been brought to trial, that a competent court
formally declare that the case has ended.  Another
pretrial right is the protection against further
prosecution if the defendant enters into a
transaction with the prosecutor. (Hoyng, 1992;
26).
     Plea bargaining, the entering of a guilty
plea in exchange for a lesser charge, while not
prohibited, is an uncommon practice in the
Netherlands. Entering a guilty plea provides no
particular advantages to the accused (Hoyng, 1992:
26). 
     The rights of the accused at trial process
begin with the right to counsel. The defendant has
the right to choose one or more attorneys to
represent him but must, in essence, pay for an
attorney of his choice. All cases involving
deprivation of liberty guarantee the suspect the
right to state appointed legal representation if
the suspect is unable to afford counsel.  
     The defendant has the right to be present at
trial, although this is not required.  As long as
the defendant has been properly presented with a
court summons, he or she is not obliged to be
present at the trial.  The defendant has the right
to remain silent and may not be questioned at the
trial under oath.  The defense attorney may not
cross-examine a witness, but may request the judge
to ask questions of a witness.  There is no right
to cross-examination.  The defendant may be found
guilty or innocent only of the offense charged.
(Hoyng, 1992: 26, 27; Tak, 1993: 13,17)

* Assistance to the Accused.   If the accused
cannot afford an attorney, a request can be made
to the District Legal Assistance Council which
will assign counsel to represent the suspect. 
After the initial 6 hour detention in police
custody, the suspect is provided legal assistance
by the counsel on duty.  This will be reviewed by
the president of the district court (Tak, 1993:
28). 
     The government pays for Legal Assistance
Bureaus which provide free advice to any Dutch
citizen seeking legal assistance.  In cases
involving indigent defendants charged with
indictable offenses (those prosecuted in the
district courts), the District Legal Assistance
Council will assign a lawyer to represent the
accused.  These counselors are paid a fixed rate
by the criminal justice authorities. (Netherlands
Ministry of Justice, 1990a: 19).  A full bench
trial would earn an assigned lawyer a meager fee
of about 1,600 Dutch guilders. (Tak,1993: 28)


2. Procedures.

* Preparatory procedures for bringing a suspect to
trial.  The police or prosecutor's office may
conduct a preliminary investigation of a crime or
suspect.  In certain instances, such as in customs
or tax violations, other authorities may conduct
the investigation.   Under oath, the police
prepare a report which includes all information
and evidence and turn the report over to the
prosecutor's office.  In limited cases, those in
which "police investigations cannot be finalized
because specific further measures need to be
taken," the prosecutor will request a judicial
preliminary investigation by an "Examining Judge"
at the District Court level.   Other situations
are dictated by the Code of Criminal Procedure to
act as a check on senior police officers or
prosecutors, such as circumstances involving the
search of premises.  Judicial examinations occur
in about 6% of all investigations.  (Lensing and
Rayar, 1992: 625-626; Pease and Hukkila, 1990:
187; Tak, 1993: 12).

* Official who conducts prosecution.  The Public
Prosecutor has sole responsibility for
prosecution.  He or she may decide the nature of
the charge and has the power to reduce the charge,
even if sufficient evidence exists to warrant a
higher charge.  The judge has no authority over
this decision. (Tak, 1993: 13).

* Alternatives to trial.  The criminal justice
system in the Netherlands operates under the
principle of opportunity or expediency
(opportuniteits-beginsel). This allows the
prosecutor to dismiss cases in the interest of
expediency or public interest   The principle of
opportunity is operative when other penal
sanctions or measures are more preferable,
when the prosecution would be "disproportionate,
unjust or ineffective" with regard to the nature
of the offense or the offender, or if the
prosecution is contrary to the state or the
victim. (Code of Criminal Procedures: Sections
167, 242; Tak, 1993: 12-13, Van Kalmthout, 1992:
684).
     The Public Prosecutor can also exercise
numerous options to dismiss charges.  For
instance, a technical dismissal, sometimes
referred to as procedural waiver, will occur if
insufficient evidence exists to prosecute the case
in court. The procedural waiver is unconditional.
     Policy dismissals or waivers occur when the
prosecutor feels that a criminal trial is
unwarranted and that other alternatives are better
suited to the defendant and the individual
situation.  These policy waivers are often
conditional and can be combined with any number of
dispositions (e.g., alcohol or drug treatment,
community service, restitution to the victim,
requirements to contact social work department,
prohibition against visiting certain places). (Van
Kalmthout and Tak; 685).
     Another alternative to formal processing is
the use of transaction, which involves payment by
the defendant. This alternative terminates the
case.  The introduction of the Financial Penalties
Act in 1983 allowed prosecutors to employ
transaction with a wider range of offenses,
excluding crimes which carried a prison sentence
of more than 6 years.  Conditions are specifically
spelled out in the Criminal Code
(Sections 74: subsection 2). Detailed regulations
governing transaction procedure are outlined in
section 74-74c of the Penal Code and section 578
of the Code of Criminal Procedure.  (Van Kalmthout
and Tak, 1992: 682-691; Pease and Hukkila, 1990:
188).

* Proportion of prosecuted cases going to trial.
About 1/3 of criminal cases go to trial.  The
proportion of cases which go to trial does not
vary greatly with the seriousness of the offense. 
What does vary is the method used by the
prosecutor to dispose of the cases. 
     The majority of criminal cases (over 64% in
1990) are resolved by the prosecutor through
transaction or dismissal.  Of the remaining cases
which actually reach the court, the majority
(almost 83% in Cantonal and 91% in District Courts
in 1990) result in guilty verdicts. (Statistics
are available for the years 1980, 1985, 1988,
1989, and 1990.  The fewest number of guilty
verdicts in Cantonal Courts was 71.7% in 1985.  In
1980, 96% of the cases appearing before these
courts resulted in guilty verdicts.  In the
District Courts, 1988 held the record low with 89%
guilty verdicts compared to a high of 92.5% in
1980. (Statistical Yearbook of the Netherlands,
1993:405)
     Information is not available on what
percentage of these were a result of guilty pleas. 
Since plea bargaining is an uncommon practice, it
can be safely assumed that the percentage of
guilty pleas is relatively low.  (Statistical
Yearbook 1993 of the Netherlands, 1993: 405).
     In 1990, of the 1,182,991 cases which were
slated for Cantonal Courts, 815,912 (69%) were
handled by the prosecutor, 537,059 (65.8%) of
these through transactions, and the remaining
278,853 (34.2%) cases were disposed by other
means.  
     Also in 1990, 251,454 cases were slated for
the District Court.  Of these, 162,015 (64.4%)
were handled by the prosecutor, of which 49,757
(30.7%) were disposed through transaction, 75,484
(46.6%) through dismissals, and 28,538 (17.6%)
through "joinders"--known as "voegingen" in Dutch,
"joinders" is a measure which regulates payment by
the offender to the victim. (Statistical Yearbook
1993 of the Netherlands, 1993: 405).
     While the prosecutor disposes of
approximately two-thirds of the cases in both
minor and serious offenses, transaction is clearly
the more preferable disposition with less serious
offenses in the Cantonal Courts.  The high number
of dismissals with more serious offenses in
District Courts is probably due to the use of the
conditional dismissal which is more restrictive
than transaction.
     The legislature has upheld harsher penalties
for suspects who refuse transactions and go to
trial.   According to 1990 statistics, of those
defendants who went to trial, guilty verdicts were
returned in 82.9% of the cases in Cantonal Courts
and 91.1% of the cases in District Courts.
(Statistical Yearbook 1993 of the Netherlands,
1993: 405; Van Kalmthout, 1992: 688)

* Pretrial incarceration conditions.  There are
several pretrial incarceration conditions.  A
person may only be detained for 6 hours before
being charged with an offense, that charge being
an informal charge, stating the violations of the
criminal code. Within 3 days, the accused must  be
brought before a magistrate or the "Examining
Judge" of the District Court.  Trial must follow
within 100 days after the initial police custody
if detention is ordered.  An automatic review of
the detention occurs every month. (Tak, 1993: 16,
Hoyng, 1992: 28).
     Detention may be ordered only for arrestable
offenses, which are those carrying a sentence of
imprisonment for 4 years or more.  Detention can
be ordered on the grounds that the suspect is a
flight risk, or endangers public order or safety,
particularly if the individual has committed a
crime which is punishable with a sentence of
incarceration over 12 years, or the danger exists
that the individual will commit another serious
offense which carries a possible penalty of 6
years incarceration. Another ground for detention
is the possibility that the suspect may endanger
the investigation by destroying evidence or
tampering with witnesses. (Tak, 1992: 55). 
     Pretrial detention may not be ordered if it
is likely that the accused will not be sentenced
to incarceration.  It must be terminated if the
time of detention has exceeded the probable
sentence of incarceration. (Tak, 1993: 16).

* Bail procedure.  While detainees are not legally
entitled to bail, provisional release may be
granted by the District Court under certain
conditions. (Hoyng, 1992: 28).  

* Proportion of pretrial offenders incarcerated.  
In 1990, 14,811 (6.5%) of pretrial offenders
(total: 227,494) were incarcerated. .  As of
December 31, 1990,  3,143 (48.2%) of the 6,526
incarcerated inmates were awaiting trial
(Statistical Yearbook of the Netherlands, 1993:
416; Gevangenisstatistiek 1991, 1992: 21).


JUDICIAL SYSTEM

1. Administration.  

     Criminal matters are dealt with in courts at
four levels (Hoyng, 1992: 7-8; Machielse, 1992:
108; Tak, 1993: 24-26; Netherlands Ministry of
Justice, 1990a). 

Supreme Court. There is one Supreme Court of the
Netherlands.  The Supreme Court hears appellate
court cases, cases in which the law has been
inappropriately applied, or cases in which there
has been a violation of due process or procedural
fairness.  In addition, the Supreme Court may hear
cases at first instance concerning crimes
committed by senior government officials (such as
the heads of Ministries) when the offenses were
committed during the performance of their official
duties. (Tak, 1993: 25, 26).   

Courts of Appeal. There are five Courts of Appeal
which hear appeals rendered against District Court
decisions.  These courts may have additional
chambers that hear appeals or sometimes cases at
first instance in specific civil or tax matters.  

District Courts.  There are 19 District Courts. 
Each district covers three or four cantons in the
Netherlands and handles both civil and criminal
matters.  The District Court hears criminal cases
(misdrijven) at first instance.  In complex cases,
or those in which the penalty may exceed 6 months 
incarceration, a panel of three judges will sit. 
In less serious matters, or those with a penalty
of less than 6 months incarceration, a single
judge, the "police magistrate" will pass
judgement.  The police magistrate may waive the
case to a judicial panel if he or she deems it
appropriate.  Nearly all economic and
environmental crimes are tried by a single judge.  
The District Courts also serve as courts of appeal
for matters from the Cantonal Courts.(Tak, 1993:
25).

Cantonal Courts.  The 62 Cantonal Courts, handle
both civil and criminal matters of a nonserious
nature (overtredingen).  A single judge passes
judgment in this court.  

2. Special Courts.  

     At the District Court level there are special
judges to try two special types of offenses.  A
Juvenile Court Magistrate tries all cases
concerning juveniles which come before the court. 
Minor economic offenses are tried by the Economic
Police Magistrate, whereas more serious economic
offenses are tried by a judicial panel in the
District Courts.   Additionally, the Military
Courts hear cases involving criminal offenses
committed by personnel in the military. (Oudhof,
1992: 28; Hoyng, 1992; 25). 

3. Judges.

* Number of judges.  Five justices usually sit on
a panel of the Supreme Court.  Where appropriate, 
the bench may contain only three justices.  A
panel on the Courts of Appeal may consist of
either three or five judges.  The District Courts
differ greatly in size with the smallest District
Court having only 12 judges while the largest has
50 judges.
     As of November 1, 1992, there were 1,211 full
time judges in the Netherlands of which 230 (19%)
were female. (Tak, 1993: 25).
 
* Appointment and qualifications.  One can become
a judge through an "inside" or an "outside"
position.  Immediately after completing a
university law degree, the applicant trains
"inside" the judiciary at a court or at the office
of the public prosecutor.  The training takes 6
years, during which time the trainee gains
experience in the court, at a Public Prosecutor's
Office, and outside of the court system at
the Bar. This apprenticeship period is followed by
2 years' practical experience before the
individual can apply for a vacant post. 
     An "outsider" enters the profession after
having worked for at least 6 years in the law
field (private law firm, a university, or in the
Ministry of Justice.)  Applicants seeking
judgeship appointments must appear before the
Committee for Recruitment of Members of the
Judiciary.  The Committee consists of judges and
members of the community representing various
interests.   Judges may remain in their position
until they reach the retirement age of 70 years.
(Netherlands Ministry of Justice, no date: 70;
Tak, 1993: 26; de Groot-van Leeuwen and Kester,
1991: 5; Netherlands Ministry of Justice, 1990a:
13).
     Criminal justice in the Netherlands is
administered only by the public prosecutors and
professional career judges.  There are with very
limited exceptions no lay judges in the
Netherlands.  One exceptions is in the military
division of the District Court and Court of
Appeal, where the defendant faces two professional
judges and one military lay judge.  Another
exception is in the Court of Appeal at Arnhem,
penitentiary division, where the defendant facing
such penitentiary possibilities as the refusal of
early release faces a panel of three professional
judges and two experts in the behavioral sciences.

PENALTIES AND SENTENCING

1. Sentencing Process.

* Who determines the sentence?  The sentence is
determined by the judge who delivers the verdict.

* Is there a special sentencing hearing?  There is
no special sentencing hearing. There is no
distinction between the trial and sentencing
stages.  The judge bases his or her decision
upon the seriousness of the offense and the
specific facts in the case as well as mitigating
or aggravating factors, such as the character and
personality of the offender, his or her employment
record, prior criminal record and social
background. (Lensing and Rayar, 1992: 624)

* Which persons have input into the sentencing
process?  In order to aid the judge in the
sentencing decision, the probation service, the
defendant, or the defendant's attorney may prepare
a "social enquiry report" containing this
information. If necessary, social workers, medical
experts, medical records, or psychiatric
evaluations may be used.  


2. Types of Penalties.

* Range of Penalties.  The Dutch system of
sanctions is characterized by its wide range of
options given to judges.  Although the judge hands
down the sentence, it is the prosecutor who is
responsible for its enforcement.  The penalty
system differentiates between principal and
accessory penalties, and between penalties and
measures. (see Tak, 1993: 31-35, Van Kalmthout,
1992: 667-680).
     Principal penalties include imprisonment,
detention, community service, and fines. (Penal
Code sections 10-14, 18-20, 22b-23, and 23-24b,
respectively). 
     Imprisonment is only imposed for serious
crimes.  The minimum sentence is 1 day, the
maximum is 15 years. Murder sentences can be
extended to 20 years.  A life sentence may be
imposed for murder or manslaughter with
aggravating circumstances, although this is rare.
Life sentences are always converted to a specified
period of time by way of pardon which allows the
offender to be considered for early release.
Detention is handed down for infractions of the
law. The minimum sentence of detention is 1 day
and the maximum is 1 year.
     Community service, officially called "the
performance of unpaid work for the general good,"
was introduced into the sanctions system in 1989
after an 8-year experiment.  An order of community
service is given in lieu of an unconditional
prison sentence of 6 months or less, and only
with the consent of the offender. There is no
statutory minimum and the maximum sentence is 240
hours to be served within a 12 month time frame. 
Sentences of less than 120 hours must be carried
out within 6 months.   Noncompliance may result in
the judicial revocation of the sentence and the
offender being sent to prison.(Tak, 1993: 33; Van
Kalmthout, 1992: 674).
     The fine, originally intended only for
infractions, was introduced into the sanctions
system for crimes in the 1983 Financial Penalties
Act.  Fines are broken down into six categories
ranging from a maximum 500 guilders for category I
to 1,000,000 guilders for category VI.  Category
VI fines can only be imposed upon corporations,
except in the specialized cases of individuals
committing offenses under the Economic
Offenses Act or the Narcotic Drug Offenses Act. 
If the offender fails to pay a fine, he or she may
be sentenced to "fine default detention".  The
judge sets the term of the fine default detention
at the time the offender is sentenced to the
original fine. The state generally converts one
day of detention into 50 to 100 guilders. (Tak,
1993: 33-34)
     Accessory penalties were originally intended
to accompany principal penalties, although they
may be applied on their own.  Accessory penalties 
include confiscation or the seizure of possessions
or property of the defendant; dispossession of
certain rights, such as the right to hold office,
serve in the armed forces, or practice certain
professions; complete or partial closure of a
business when a criminal offense has been
committed and where the defendant has been
convicted of an economic crime; and the forfeiture
of  a driver's license.  Another less frequently
used accessory penalty involves making the
defendant pay for the cost of the trial. (Van
Kalmthout, 1992: 668-670).
     Measures can be imposed upon individuals
where the question of culpability arises.  Even in
cases where a defendant is acquitted or released,
the judge can impose measures.  These are
enumerated in title IIa of the 1983 Penal Code. 
Measures include: a) the seizure of objects from
the possession of an individual if they pose a
threat to public interest or are in conflict with
the law (Penal Code, Section 36a-36d), b)
confiscation of the profits of a crime (Penal Code
Section 36e), c) an order for detention in a
psychiatric hospital for a period of up to 1 year
if the individual presents a danger to him or
herself, to others, or to property (Penal Code
Section 37).  Also, an in-patient hospital order
can be imposed for crimes carrying at least a
4-year penalty of imprisonment for the protection
of the individual, others, or property. (Penal
Code Sections 37a-38i).  The order may be imposed
for 2 years and then be extended for another year
or two. The final measure, d), is the out-patient
hospital order, which may be combined with
probation services. (Penal Code Section 38-38b). 
The judge may determine the conditions. (Tak,
1993: 34-35 and Van Kalmthout, 1992: 670-672). 
     A suspended sentence can also be imposed. 
Suspension may involve all or part of any sentence
(except community service), including a maximum
sentence of 3 years incarceration.  Prison
sentences extending beyond 3 years may not be
suspended.  A suspended sentence may be
accompanied by any number of conditions, including
placement in a medical facility for the duration
of the suspension, compensation to the victim, a
deposit of bail equal to the amount of a fine, or 
the imposition of special conditions. (Van
Kalmthout, 1992: 691-694). 
     The Code of Criminal Procedure expresses
preference for fines over other forms of custodial
sanctions and requires an explanation be given by
the judge when a custodial sentence is imposed.
Fines, theoretically, can be handed down for any
offense, including murder.  They are, however,
generally handed down for infractions, and many
crimes of a nonviolent, nonserious nature.
Incarceration is reserved for more serious
offenses such as murder and manslaughter, rape,
serious property and drug offenses. (Tak, 1993:
35).

* Death Penalty. The death penalty for ordinary
crimes was abolished in the Netherlands in 1870.
Capital punishment for military and war crimes was
abolished in 1983. (Tak, 1993: 32).


PRISON

1. Description.

* Number of prisons and type.  Dutch prisons are
characterized as closed (high security), semi-open
(normal security) and open institutions (minimal
security).  Extra-high-risk security units within
prisons exist to house inmates who are high escape
risks or exhibit violent behavior toward other
inmates or prison officers.  Detention in these
extra-high-risk units is for a period of 6 months,
with a review and possible 6-month extension.
(Tak, 1993: 41).
     In all, there are separate institutions for
men, women, and juveniles; open, half-open and
closed institutions; long-term and short-term
institutions; institutions for so-called
"self-reporters," maximum security prisons for
long-term prisoners; special establishments for
traffic offenders, mentally disturbed offenders
and dangerous criminals, and remand centers.  Some
institutions, however, may house two or three
different classifications. (Van Kalmthout, 1992:
701).

* Number of prison beds.  On January 1, 1992,
there were 7,581 cells, of which 95% could be
used. (Tak, 1993: 52).  The largest prison in 1991
(a prison for adult males) had a capacity of 335
beds; the smallest, an open institution for women,
had 5 beds. (Vegter, 1992: 142).   

* Number of Annual Admissions.
In 1991 there were 33,940 total admissions, of
which 32,391 (95.4%) were male and 1,549 (4.6%)
were female. (Tak, 1993: 52).

* Average daily population/number of prisoners. 
The prison population on December 31, 1990
registered: 6,526 total inmates, of which 2,407
(36.9%) were convicted persons, 3,143 (48.2%) were
awaiting trial, and 976 (15.0%) were housed
outside of the institution. (Statistical Yearbook
of the Netherlands, 1993: 416).

* Actual or estimated proportions of inmates
incarcerated. The estimated yearly percentages for
prison inmates by gender on September 30, 1991
were as follows:
                                  Males    Females    
Drug crimes               20%        40%
Violent crimes            11%         8%
Property crimes         47%        33%
Other crimes*            23%        19% 

*Includes offenses against the public order,
violations of traffic law, sexual offenses which
are not of a violent nature, offenses which do not
fit into other categories, or unknown offenses. 
(Linckens, 1993)


2. Administration.

The Prison Department, under the direction of the
Ministry of Justice, is responsible for the
administration of prisons.  All prisons in the
Netherlands  are administered by the federal
government. The top administrative official in the
prison is the prison governor,
subordinate to him are the assistants. The
administration is further assisted by mental
health and social workers, group-leaders, and
warders. Some institutions employ guards who
enforce the external security. (Tak, 1993: 39).
     The organization and administration of
prisons is governed by the Prison Administration
Act of 1953, which recognizes the following
categorizations of prisons for males in the
Netherlands:  institutions for young offenders  up
to the age of 23; short-term adult institutions
for sentences of up to 6 months; and long-term 
adult institutions for sentences over 6 months.  
The only categorization for females is that they
be housed in separate institutions than males.     
    Another category of offenders are low-risk
offenders who have been sentenced and are later
summoned to report to a particular prison to begin
serving their sentence. These "self-reporters" are
housed in low-security penal institutions.
     The National Prison Selection Center in the
Hague classifies prisoners and determines the
institution to which they will be sent. If
disciplinary or safety problems arise, a prisoner
may be transferred to another prison. 

* Number of prison guards.  In 1992, there were a
total number of 7,233 prison personnel, of which
4,478 (62%) were prison guards.  Uniformed
officers in junior-level management comprised an
additional 344 (5%) of prison personnel and
senior-level managers or wardens totaled 277 (3%)
of the prison staff.  Other prison staff include
administrative and social work staff. (Gemmert,
1993).
     The 1991 data indicates that of the 4,414
custodial staff in both adult and juvenile
prisons, 17% are female. (Oudhof, 1992).

* Training and qualifications.  Applicants for the
position of prison officer must be between the
ages of 24 and 48 years and have achieved at least
a certain high school proficiency (mavo-level).
They must pass a preselection process consisting
of two intelligence tests and one personality
test.  Applicants who pass these tests are then
given further psychological tests to determine
their suitability for the job.  
     The actual training takes part in the CWOI
(Centraal Wervings-en Opleidingsinstituut or
Central Recruitment and Training Institute) in
either the Hague or Amsterdam and in part at the
IBBO (Instituut Basis Beroepsopleiding or
Institute for Basic Vocational Training) in
Veenhuizen. There are two phases to the training. 
The first year of basic training consists of 3 
blocks for a total 13 weeks of instruction at the
CWOI or IBBO, alternating with 2 practical
training periods of 4 weeks each in a correctional
facility under the guidance of a mentor who is an
experienced prison officer. 
     After the last instructional block, the new
correctional officer enters the practical stage
and serves a 6 to 8 month internship, while still
under the supervision of the mentor.  During the
basic training, emphasis is placed on physical
activities such as sports and self-defense, social
skills, the organization of the facility, gaining
an understanding of the prisoners and their
environment, and escape prevention.  In the 3rd
and 4th year of service, there is a 12-week long
subsequent training period for Level I
certification (Vervolgopleiding I).  In the 5th
and 6th years of service, an officer can attend
the 10-week Level II Training (Vervolgopleiding
II) where the emphasis is upon knowledge of the
organization and skill in the career field.  This
advanced training is necessary for promotion.
(Kommer, 1991: 136-138).   

* Expenditure on prison system.  In 1991, the
Dutch government spent 911.2 million Dutch
guilders on the prison system (Statistical
Yearbook of the Netherlands, 1993:
404)

3. Prison Conditions. 

* Remissions.  Since 1987 and the introduction of
a major reform of the conditional release
practice, prisoners serving a maximum 1 year
prison sentence must be released after having
served 6 months. For those serving sentences
longer than 1 year, release occurs after
two-thirds of the sentence is served, with no
conditions attached.  The right of a prisoner to
be released early is expressed in the Criminal
Code.  While early release cannot be revoked, it
can be delayed under the following circumstances:
if continued treatment is deemed necessary for a
prisoner serving his sentence in a mental
hospital; if the prisoner commits a serious
offense after his sentence begins; or if the
prisoner is sentenced for a serious offense with a
penalty of 4 years or more and the offense is
committed while serving time for an offense for
which the prisoner would normally be eligible 
for release. (Tak, 1993: 46-47)
     The 1988 Pardon Act grants the Queen power to
pardon prisoners when direct application is made
to her by the prisoner or the prosecution service.
The sentencing judge and the prosecution service
are to be notified. The pardon may be conditional
(Tak, 1993: 47).  
     The degree of conditional release depends
entirely upon the classification of the prisoner. 
Work and educational release are granted as a rule
to inmates in open institutions.  Educational
release may be granted to inmates from other types
of institutions on an individual basis.            
    Prisoners in open institutions are generally
granted weekly weekend furloughs. "Self-report"
prisoners and those serving sentences longer than
5 weeks are entitled to a weekend furlough every 4
weeks. The 1982 General Leave Rule established
guidelines for the temporary release of other
inmates.  [See Peter J. P. Tak, Heuni (European
institute for Crime Prevention and Control,
Criminal Justice Systems in Europe:  The
Netherlands, pp 44-45 for a more thorough
explanation of restrictions.]

* Work/education.  The Principles of Prison
Administration Act establishes the rights and
duties of the prisoner in the areas of spiritual
and social care, discipline, recreation, and work.
Detainees awaiting trial are not required to work,
but they may do so to obtain extra money. 
Convicted prisoners must work and refusal to do so
is punishable by 5 days of solitary confinement. 
Prisoners in open institutions usually work
outside of the prison. 
     Limited educational opportunities are
provided to inmates. Inmates in open institutions
may be allowed to pursue an education outside of
the prison.  Limited vocational training is
available in the juvenile system.  Because prison
sentences are usually relatively short, intensive
vocational training is limited.  

* Amenities/privileges.  The prison is obligated
to provide for the prisoner's improvement and
rehabilitation.  The Prison Rules have further
developed the principles laid out in the Prison
Administration Act by detailing educational and
recreational provisions (television, films,
lectures, participating in performances). The
prison system also provides medical care,
psychological and psychiatric care, and chaplains
to aid prisoners in their rehabilitation. (Tak,
1993: 40, 43).
     Prisoners have the right to send and receive
mail and to receive visitors.  They also have the
right to appeal decisions made by the prison
governors to the Complaints Committee of the
Prison Supervisory Board. (Tak, 1993: 40).   
 

EXTRADITION

* Extradition. The Netherlands has entered into
both bilateral and multilateral agreements with
numerous countries.  The Act for International
Legal Assistance in Criminal Matters contains the
rules governing extradition in the Netherlands. 
The European Convention on Extradition, a
multilateral agreement between member countries,
and the following countries: Austria, Belgium,
Cyprus, Denmark, Finland (by accession), France,
Germany, Greece, Hungary, Iceland, Ireland, Italy,
Liechtenstein (by accession), Luxembourg, Norway,
Portugal, Spain, Sweden, Switzerland, Turkey,
United Kingdom, and with Israel (a non-member
state by accession).  (E.T.S. No. 24 - European
Convention on Extradition; in Mller-Rappard and
Bassiorni, 1991: 247) 
     The Netherlands has also entered into a
treaty with the Benelux countries of Belgium and
Luxembourg via the Benelux Treaty concerning
Extradition and Assistance in Criminal Matters
(Beneluxverdrag aangaande uitlevering en echtshulp
in Strafzaken). In addition, bilateral treaties
exist with the Federal Republic of Germany (1979
and 1983), the United States (1980 and 1983),
Australia (1985), and Canada (1989).  (Nederlands
Wetboek, Suppl. 241, January 1993; Suppl. 183,
October 1983; Suppl. 215, March 1989; and Suppl.
241, January 1993, respectively). 

* Exchange and transfer of prisoners.  The
exchange of prisoners is governed by the
Convention on the Transfer of Sentenced Persons,
entered into force in 1985.  This multilateral
agreement provides for the transfer of sentenced
persons between the Netherlands and the following
countries:  Austria, Belgium, Cyprus, Denmark,
Finland, France, Germany, Greece, Hungary,
Iceland, Ireland, Italy, Liechtenstein,
Luxembourg, Malta, Norway, Portugal, Spain,
Sweden, Switzerland, Turkey, United Kingdom, and
the non-member states of the Bahamas, Canada, and
the United States.  (Mller-Rappard and Bassiorni,
1991) 

* Specified conditions.  In the aforementioned
treaties, many countries have specified conditions
under which they will or will not abide by the
treaty.  The Netherlands takes exception to the
treaties under the following conditions:
Extradition may be refused on humanitarian grounds
and hardship situations based on youth, advanced
age, or state of health; or if the requesting
state would be authorized to refuse extradition. 
Under articles 6 and 21, the Netherlands will not
grant extradition or transit of its nationals. 
Further requirements are spelled out in E.T.S. No.
24 (Mller-Rappard and Bassiorni, 1991: 260-262).  
  
     The Public Prosecutor must seek approval for
extradition in the District Court.  A request for
approval that is granted by the District Court may
be appealed by the defendant in the Supreme Court.
The ultimate decision of extradition is made by
the Minister of Justice. (Hoyng, 1992: 28). 


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Alexis A. Aronowitz
International Police Institute Twente
University of Twente
TWRC - Gebous
Postbus 217
7500 AE Enschede 
The Netherlands

Tel: 011-31-53-489-3769
Fax: 011-31-53-489-2255

email:  a.a.aronowitz@bsk.utwente.nl