Substantive Criminal Law in Rotterdam

Substantive Criminal Law in Rotterdam

Substantive criminal law forms the foundation of criminal law, defining which acts are punishable, who is responsible for them, and what penalties apply. For residents of Rotterdam, this is essential, particularly in cases handled by the Rotterdam District Court, and it is codified in the Criminal Code.

What does substantive criminal law entail?

Criminal law distinguishes substantive criminal law from procedural criminal law. The substantive aspect describes punishable acts, the conditions for liability, and the associated penalties. It addresses questions such as: 'Which acts are punishable in Rotterdam?', 'Who can be prosecuted?', and 'What penalties may be imposed?'. Procedural criminal law, by contrast, governs the processes, such as police interrogations in Rotterdam or hearings at the Rotterdam District Court.

The principle of legality is central: nullum crimen, nulla poena sine praevia lege poenali. Only acts explicitly defined as criminal by law are punishable. This protects Rotterdam residents from arbitrariness, for example in port-related offenses.

Legal basis

Substantive criminal law is primarily set out in the Criminal Code (Sr.). Key provisions include:

• Article 1 Sr: Defines a 'punishable offence' as an act designated as such by law.
• Article 9 Sr: Lists the principal penalties, including imprisonment, detention, and fines.
• Article 10 Sr: Distinguishes crimes (serious offenses with penalties exceeding three months' imprisonment) from infractions (lighter penalties).
• Articles 37-48 Sr: Rules on liability, such as attempts or complicity.

Supplementary laws such as the Opium Act (often relevant in the Port of Rotterdam) or the Road Traffic Act provide further detail. View the Criminal Code at wetten.overheid.nl.

Difference between substantive and procedural criminal law

For clarity, an overview:

This builds on our overview What is criminal law?.

Types of punishable offences

Offences are divided into crimes and infractions:

• Crimes: Serious offenses such as murder (art. 289 Sr), manslaughter (art. 287 Sr), or rape (art. 242 Sr). Penalty: more than three months' imprisonment, often handled at Rotterdam District Court.
• Infractions: Less serious, such as public urination in Rotterdam city center or speeding. Penalty: fine from the Municipality of Rotterdam or community service.

Practical examples from Rotterdam

Example 1: Shoplifting
Article 310 Sr penalizes taking someone else's property. Stealing clothes from a Rotterdam store is a crime punishable by up to 4 years' imprisonment. First-time offenders often receive community service.

Example 2: Drug possession in the port
Article 2 of the Opium Act makes possession of soft drugs an infraction and hard drugs a crime. With 5 grams of cannabis in Rotterdam, you risk a fine of €100-€200, with stricter checks by port police.

Example 3: Fraud at port companies
Article 326 Sr (forgery) applies to invoice fraud. A Rotterdam entrepreneur involved in VAT fraud could face years in prison.

Penalties and measures

Principal penalties (art. 9 Sr):

1. Imprisonment (max. 30 years, life for serious cases).
2. Detention (max. 1 year).
3. Fine.
4. Community service (max. 240 hours).

Measures such as TBS (art. 37 Sr) for dangerous offenses. Judges at Rotterdam District Court consider recidivism or remorse.

Rights and obligations

Civil rights:

• Clear statutory wording (art. 1 Sr).
• No retroactive aggravation (art. 2 Sr).
• Exceptions such as self-defense (art. 41 Sr).

Obligations:

• Do not commit punishable acts.
• Duty to tell the truth as a witness.

Suspects in Rotterdam have the right to remain silent and a duty to identify themselves.

Frequently asked questions

Tips for Rotterdam residents

• Contact the Juridisch Loket Rotterdam for free advice if suspected.
• Consult a local lawyer for personalized guidance.
• Check the Municipality of Rotterdam for local infractions.
• Read the Criminal Code online and follow cases at Rotterdam District Court.