Substantive Criminal Law for Delft Residents
Substantive criminal law forms the core of Dutch criminal law and defines which behaviors in Delft are punishable, who bears responsibility, and what sanctions apply. It serves as the foundation for prosecutions at the District Court of The Hague, which handles cases from Delft, and is codified in the Criminal Code.
What Does Substantive Criminal Law Mean for Delft?
Criminal law distinguishes substantive criminal law from procedural criminal law. Substantive criminal law describes punishable acts, the conditions for punishability, and penalties. It addresses questions such as: 'Which acts are prohibited in Delft?', 'Who can be prosecuted?', and 'What sanctions may be imposed?'. Procedural criminal law, by contrast, governs the process, such as police interrogations in Delft or hearings at the District Court of The Hague.
The principle of legality is central: no offence or penalty without a prior law. This protects Delft residents against arbitrariness, for example in cases of local violations like public urination around the Market Square.
Legal Basis in the Netherlands and Delft
Substantive criminal law is primarily codified in the Criminal Code (Sr.). Key provisions:
- Article 1 Sr: An offence is an act made punishable by law.
- Article 9 Sr: Principal penalties such as imprisonment, detention, and fines.
- Article 10 Sr: Crime (serious penalty >3 months) versus violation.
- Articles 37-48 Sr: Rules on attempts, complicity, and participation.
Supplementary laws such as the Opium Act (drugs in student city Delft) or Road Traffic Act (bike theft in the city center) also apply locally. View the Criminal Code at wetten.overheid.nl.
Difference Between Substantive and Procedural Criminal Law
Overview:
| Aspect | Substantive Criminal Law | Procedural Criminal Law |
|---|---|---|
| Content | What is punishable? What penalty? | Prosecution procedure |
| Statute | Criminal Code (Books 1-3) | Code of Criminal Procedure |
| Example | Theft (art. 310 Sr) | Police interrogation in Delft (art. 53 Sv) |
| Application | Guilt and penalty severity | Trial and evidence |
Read more in our article What is Criminal Law in Delft?.
Punishable Offences in Delft
Punishable offences: crimes and violations.
- Crimes: Serious offences such as murder (art. 289 Sr) or theft. Penalty: >3 months imprisonment.
- Violations: Minor, such as parking fines or noise disturbances in Delft. Penalty: fine or community service.
Local Examples
Example 1: Bike Theft in Delft
Art. 310 Sr: taking a bike from Bagijnhof. Crime, max. 4 years imprisonment; first offence often community service.
Example 2: Drugs in Delft
Art. 2 Opium Act: possession of cannabis (violation, fine €100-€200). Hard drugs: crime, stricter enforcement by Delft police.
Example 3: Fraud Among Local Businesses
Art. 326 Sr: fake invoices for Municipality of Delft subsidies. May result in imprisonment.
Penalties and Measures
Principal penalties (art. 9 Sr):
- Imprisonment (up to life).
- Detention (max. 1 year).
- Fine.
- Community service (max. 240 hours).
Measures: TBS for mental disorders (art. 37 Sr). Judges at the District Court of The Hague consider local circumstances such as recidivism.
Rights and Obligations for Delft Residents
Rights:
- Clear statutory description (art. 1 Sr).
- No retroactive harsher penalty (art. 2 Sr).
- Defences: necessity (art. 41 Sr).
Obligations:
- Do not commit offences.
- Tell the truth as a witness.
Suspects have the right to remain silent but must identify themselves to Delft police.
Frequently Asked Questions
Difference between crime and violation?
Crime: serious (>3 months imprisonment, art. 10 Sr). Violation: minor, such as a fine for speeding on a bike in Delft.
Liable for attempt?
Yes, art. 45 Sr: max. 2/3 of completed offence penalty.
Applies to companies in Delft?
Yes, art. 51 Sr: legal entities are punishable.
Changes in the law?
Art. 2 Sr: most lenient law applies, retroactively favourable.
Tips for Delft Residents
- Consult the Juridisch Loket Delft for free advice.
- Contact a lawyer if suspected; hearings at District Court of The Hague.
- Check Municipality of Delft for local violation rules.
- Stay informed via wetten.overheid.nl.