Criminal law

Created13 juni 2025

Updated13 juni 2025

bySabine Imdahl

family law Facing a criminal case abroad can be confusing and stressful – especially if you’re unfamiliar with the legal system. Whether you live in the Netherlands or are just visiting, it’s useful to understand how Dutch criminal law works. This article explains the basics: from types of offences and procedures to how a case unfolds.

What is criminal law?

Criminal law (strafrecht) mainly defines which behaviour is considered a criminal offence, what penalties may apply, and how punishment is enforced. In short, it regulates how society responds to behaviour considered harmful.

The majority of all criminal offences is defined in the Dutch Criminal Code (Wetboek van Strafrecht, abbreviation Sr) [1]. In addition, certain offences are addressed in separate laws, such as the Wegenverkeerswet 1994 (Road Traffic Act) [2], the Opiumwet (Opium Act) [3], the Reglement verkeersregels en verkeerstekens 1990 (Traffic Rules and Signs Regulation) [4], the Wet op de economische delicten (Economic Offences Act) [5], and the Wet wapens en munitie (Weapons and Ammunition Act) [6].

Under Dutch law, criminal offences fall into two categories [7]:

Overtredingen – minor offences such as urinating in public or trespassing, and
Misdrijven – more serious crimes such as assault, sexual offences or fraud.

Age and type of criminal court

The age and development of a suspect determine which type of criminal law applies:

Adult criminal law – usually applies to individuals aged 18 and older [8].
Juvenile criminal law – for children under 18, handled by a specialised youth judge [9].
Adolescent criminal law – for young adults aged 16–23, depending on maturity [10]. It allows judges and institutions – such as the Child Protection Board (Raad voor de Kinderbescherming) and (youth) probation services – to take a person’s level of development into account. The court can choose the legal framework and punishment that best suits the situation, with the aim of promoting positive behavioural change and reducing the risk of reoffending. This benefits not only the young person, but society as a whole.

Adult cases may be heard by different courts, depending on the offence:

Kantonrechter – for minor cases (overtredingen)
Politierechter – single judge for straightforward cases (misdrijven)
Economic courts – for offences under economic law
Meervoudige strafkamer – panel of three judges for serious cases

When a person is not punishable

Dutch law recognises several legal defences that can exclude criminal liability. These are divided into two categories: justifications and excuses.

Justifications remove the punishable nature of the act itself. There are four statutory and one non-statutory justification:

Necessity (overmacht in noodtoestand, Article 40 Sr): breaking the law to prevent greater harm – e.g. breaking into a burning house to save someone.
Self-defence (noodweer, Article 41 Sr): defending oneself or others against an immediate and unlawful threat, as long as the response is proportional.
Obeying a legal obligation (wettelijk voorschrift, Article 42 Sr): following a legal duty – such as a bailiff evicting a tenant.
Obeying an official order (bevoegd gegeven ambtelijk bevel, Article 43(1) Sr): following a lawful instruction – e.g. being told by police to ignore a red light after an accident.
Non-statutory justification (ontbreken van de materiële wederrechtelijkheid): breaking the law to better fulfil its intention – e.g. a vet exposing cattle to a virus to build immunity and prevent a larger outbreak.

Excuses apply when the act remains unlawful, but the suspect cannot be blamed. There are four statutory and two non-statutory excuses:

Mental incapacity (ontoerekeningsvatbaarheid, Article 39 Sr): due to a mental disorder, the act cannot be attributed to the person – e.g. schizophrenia.
Psychological duress (psychische overmacht, Article 40 Sr): overwhelming internal pressure, such as blackmail, that removes free will.
Excessive self-defence (noodweerexces, Article 41(2) Sr): an overreaction caused by intense emotions during an attack – e.g. hitting back too hard in panic.
Unauthorised official order (onbevoegd gegeven ambtelijk bevel, Article 43(2) Sr): following an instruction wrongly believed to be official – e.g. from someone dressed as a police officer.
Absence of all guilt (afwezigheid van alle schuld): the person had no way of knowing or preventing the offence – e.g. a farmhand unknowingly delivers diluted milk.
Putative self-defence (putatief noodweer): the person mistakenly believes they are under threat – e.g. intervening in what turns out to be a lawful police arrest.

How criminal cases proceed

Most criminal cases begin with a police investigation. If there is sufficient evidence, the public prosecutor (officier van justitie) may decide to prosecute. The rules are set out in the Code of Criminal Procedure (Wetboek van Strafvordering) [11].

Key steps [12]:

Investigation – by the police, under supervision of the prosecutor
Decision to prosecute – taken by the prosecutor
Court hearing – in front of one or more judges
Judgment – based on procedural and substantive legal questions

The final step is the decision whether the suspect is guilty or not.

The presumption of innocence

In Dutch criminal law, every suspect is presumed innocent until proven guilty. This is more than a formal phrase – it is a fundamental right that applies throughout the criminal process.

Importantly, the presumption of innocence does not mean that someone must be treated as if they are innocent in all respects. Instead, it prohibits public authorities from treating someone as if they are guilty until a court has ruled accordingly [13].

This principle is enshrined in Article 48 of the Dutch Constitution [13], and in international law under:

Article 6(2) of the European Convention on Human Rights (ECHR) [14]
Article 14(2) of the International Covenant on Civil and Political Rights (ICCPR) [15]

Although framed as a right of the suspect, the presumption of innocence is best understood as a procedural safeguard. It regulates the conduct of judges, police, and other authorities, ensuring their actions do not compromise a fair trial.

The role of victims

Victims play an important role in Dutch criminal proceedings as they are often the starting point of a criminal investigation. Victims have the right to file a police report, claim financial compensation by joining the case, and – in more serious cases – make a statement during the court hearing. They are also entitled to information about the progress of the case. In some cases, financial compensation is available.

Victims do not have to face any of this alone, help is available. The support of victim services is free of charge and available in English as well. They may assist you with any of the above, if you want to and in the way that you want. You have the lead when it comes to which support you want.

Before a criminal case begins or a report is filed with the police, victims can contact emergency services by dialling 112 in case of immediate danger. In situations involving (domestic) violence – whether experienced or witnessed – the nationwide hotline of SafeHome (Veilig Thuis) can be reached by phone or chat. They can help victims find safety, for example by arranging shelter.

Witnesses

Witnesses may be summoned by the police, prosecution, defence or the court itself. They are generally obliged to testify truthfully. There are special protections for vulnerable witnesses, including minors and victims of sexual offences. In certain situations, a witness may be granted anonymity to protect their safety or privacy.

Conclusion

Dutch criminal law is grounded in legal certainty and fairness. It defines which actions are punishable, which courts are responsible, and under what conditions someone may be convicted. Whether you are involved in a case as a suspect, victim or witness, it helps to understand your rights and the process that applies.

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