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Class 7: Punishment and Treatment in
Dutch Criminal Law and the Expert Witness
Trial
Literature
TAK – Chapter 8: The System of Sanctions
Classification
The current system distinguishes between penalties and measures
Penalties - Aimed at punishment and general preventions
- Means that the offender, through the penalty, is made to
suffer in reaction to the harm caused by his offence to others.
- Revenge plays a role
- Due to the element of revenge, the length of imprisonment
must be proportionate to the level of blameworthiness.
Measures - Aimed at the promotion of the security and safety of persons
or property, or at restoring a state of affairs.
- A measure differs from a penalty in that it can also be
imposed where there is no question of criminal responsibility,
in the sense that the person cannot be blamed for having
committed a crime.
The Criminal Code furthermore distinguishes between principal penalties
and accessory penalties
Principal - Principal penalties are those expressly imposed by the
court in the rendering a conviction.
- E.g. Death Penalty
Accessory - Accessory penalties are those deemed included in the
imposition of the principal penalties.
- The following are accessory penalties: Suspension from
public office, the right to vote and be voted for, the
profession or calling, Civil Interdiction, Indemnification,
Forfeiture or confiscation of instruments and proceeds
of the crime, and Payment of the cost.
Class 7: Punishment and Treatment in
Dutch Criminal Law and the Expert Witness
Trial
Literature
TAK – Chapter 8: The System of Sanctions
Classification
The current system distinguishes between penalties and measures
Penalties - Aimed at punishment and general preventions
- Means that the offender, through the penalty, is made to
suffer in reaction to the harm caused by his offence to others.
- Revenge plays a role
- Due to the element of revenge, the length of imprisonment
must be proportionate to the level of blameworthiness.
Measures - Aimed at the promotion of the security and safety of persons
or property, or at restoring a state of affairs.
- A measure differs from a penalty in that it can also be
imposed where there is no question of criminal responsibility,
in the sense that the person cannot be blamed for having
committed a crime.
The Criminal Code furthermore distinguishes between principal penalties
and accessory penalties
Principal - Principal penalties are those expressly imposed by the
court in the rendering a conviction.
- E.g. Death Penalty
Accessory - Accessory penalties are those deemed included in the
imposition of the principal penalties.
- The following are accessory penalties: Suspension from
public office, the right to vote and be voted for, the
profession or calling, Civil Interdiction, Indemnification,
Forfeiture or confiscation of instruments and proceeds
of the crime, and Payment of the cost.
