The legislator has determined a number of human behaviors that they are punishable. In the Criminal Code, but also in numerous other laws, are the facts and behaviors listed which are threatened with punishment. For young persons who have committed an offense, special rules apply.
For young persons who have committed a crime, not only apply the general rules of the Criminal Code and the Code of Criminal Procedure. In this group are also special rules apply, which are well summarized in the terms juvenile justice and juvenile criminal procedure, criminal law and child or children's criminal procedure. These rules are also included in the Penal Code and the Code of Criminal Procedure. The section of the Criminal Code which contains special rules helps the opschift ?? Special provisions for young people ??.
Since the younger growth towards adulthood and adult responsibility has not yet been completed, it is in criminal law in another, more approached his personal situation-specific manner.
In the Netherlands, young people who have committed an offense shall be brought before the criminal courts. However, it is not at all common for young people must answer for any offense committed by them before the criminal courts. There is regular in response to criminal behavior for the younger find another solution, for example in civil law provision youth. There are therefore in practice many cross connections between juvenile justice and youth grant civil law.
A number of traffic since 1990 is no longer criminal, but administratively dismissed. This change is based on the Law Mulder. The law has been gradually implemented. With regard to a series in the Mulder Law specified traffic regulations all criminal provisions are excluded. Instead, the person who acts in contravention of any of the regulations concerned, impose an administrative penalty. Which sanction consists of a sum to be paid to the state. This can by January 1998 no more than ?? 276.81. For young people between twelve and sixteen years old halved that amount.
The penalty can be imposed by police. Against appeal may be lodged with the public prosecutor. The decision of the prosecutor can be appealed in the courts.
The Mulder Law was introduced, because in practice the criminal enforcement of traffic regulations appeared to stagnate serious. For any offense in the law given a maximum sentence, expressed in community service, imprisonment, detention or a fine.
The special rules of juvenile justice and juvenile criminal procedure applicable to young persons at the time of committing the offense at least twelve but less than eighteen years old.
When a child commits an offense, while it is not yet twelve years old, it can not be prosecuted. That means the prosecutor and juvenile courts stand aside. Police a child under twelve years, which is suspected of criminal behavior, or interrogations and, as the more serious offenses in respect of which preventive detention is allowed, take it to the office for questioning. The child may be held for up to six hours. The hours between midnight and nine o'clock in the morning ?? do not count, so that the period at the police station for the young child can take up to fifteen hours.
Regarding eighteen, nineteen twenties and the court may in exceptional cases and punish child ?? apply measures. The court may do so if it so foundation in the personality of the offender or the circumstances in which the offense was committed. Also with regard to sixteen and seventeen year olds, the legislature has created a scheme. The court may impose adult sentences them because if they do so for reasons relating to the seriousness of the ground fact, the personality of the offender or the circumstances in which the offense was committed. The criminal proceedings in this case, simply place in accordance with the rules of juvenile criminal procedure.
When the Dutch juvenile justice occur?