Murder (Dutch Law)
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Murder (Dutch Law)
Under Dutch law, moord ('' murder'') is the intentional and premeditated killing of another person.Article 289 Dutch Penal Code
"Any person who intentionally and with premeditation takes the life of another person shall be guilty of murder and shall be liable to life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category."
Murder is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law will allow for. Unlike in most other European countries, there is no possibility for parole for those sentenced to life in the Netherlands. It is one of the few countries in Europe where life imprisonment ...
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Netherlands
) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherlands , established_title2 = Act of Abjuration , established_date2 = 26 July 1581 , established_title3 = Peace of Münster , established_date3 = 30 January 1648 , established_title4 = Kingdom established , established_date4 = 16 March 1815 , established_title5 = Liberation Day (Netherlands), Liberation Day , established_date5 = 5 May 1945 , established_title6 = Charter for the Kingdom of the Netherlands, Kingdom Charter , established_date6 = 15 December 1954 , established_title7 = Dissolution of the Netherlands Antilles, Caribbean reorganisation , established_date7 = 10 October 2010 , official_languages = Dutch language, Dutch , languages_type = Regional languages , languages_sub = yes , languages = , languages2_type = Reco ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ...
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Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ...
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Monarchy Of The Netherlands
The monarchy of the Netherlands is a constitutional monarchy. As such, the role and position of the monarch are governed by the Constitution of the Netherlands. Consequently, a large portion of it is devoted to the monarch. Roughly a third of the document explains the succession, mechanisms of accession & abdication to the throne, and the roles & duties of the monarch. This includes the formalities of communication between the States-General and the monarch's role in creating laws. The Kingdom of the Netherlands has been an independent monarchy since 16 March 1815, but its once sovereign provinces had been intermittently "governed" by members of the House of Orange-Nassau and the House of Nassau from 1559, when Philip II of Spain appointed William of Orange as stadtholder, until 1747. William became the leader of the Dutch Revolt and the independent Dutch Republic. As a stadtholder, he was followed by several of his descendants. In 1747, the function of stadtholder became ...
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Terbeschikkingstelling
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration (e.g. 72 hours) in a treatment facility for evaluation and stabilization by mental health ...
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Detention (Imprisonment)
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation or as punishment for a crime (see prison). An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis. The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify ...
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Deventer Murder Case
The Deventer murder case is a murder case which took place in the Dutch city of Deventer in 1999. It has become a cause célèbre because the murder has officially been solved, but not everybody agrees with the final judgment of the court. The case has been re-opened twice. The first time this was done because the evidence previously used for the conviction had proven to be incorrect, while the second time there were strong clues that another suspect's testimony about his whereabouts during the time of the murder did not match real facts. Nevertheless, the same suspect—former tax advisor Ernest Louwes—has been convicted twice. His second conviction took place on the basis of different evidence from that used during the first trial. However, some people such as the opinion pollster Maurice de Hond are still convinced of Louwes' innocence. Background On the evening of 23 September 1999, the Dutch widow Jaqueline Wittenberg was murdered in her house. She was found some days la ...
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Assassination Of Pim Fortuyn
Pim Fortuyn, a Dutch politician, was assassinated by Volkert van der Graaf in Hilversum, North Holland on 6 May 2002, nine days before the general election of 2002, in which he was leading the Pim Fortuyn List (LPF). On a few occasions, Fortuyn had expressed his fear of being murdered: after being pied at the official release of his book ''De puinhopen van acht jaar Paars'', as well as, most notably, on the talk show ''Jensen!'' on 22 March 2002. In court at his trial, Van der Graaf, an environmental and animal rights activist, said he murdered Fortuyn to stop him from exploiting Muslims as "scapegoats" and targeting "the weak members of society" in seeking political power. Van der Graaf was sentenced to eighteen years in prison. The sentence was upheld after he appealed. He was released on parole in 2014 after completing two-thirds of his sentence and has since lived in Apeldoorn, Gelderland. Shooting Fortuyn was 54 years old when he was shot dead by 32-year-old Volkert van ...
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List Of Murder Laws By Country
This is a list of the laws of murder by country. The legal definition of murder varies by country: the laws of different countries deal differently with matters such as mens rea (how the intention on the part of the alleged murderer must be proved for the offence to amount to murder) and sentencing. *Australia *Brazil *Canada *China *Cuba *Denmark *England and Wales *Finland *France *Germany *Georgia *Hong Kong *India *Israel *Italy *Netherlands *Northern Ireland *Norway *Peru *Portugal *Romania *Russia *Sweden *Switzerland *United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ... {{div col end Murder law by country ...
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Murder Law By Country
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pers ...
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Law Of The Netherlands
The Netherlands uses civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the French Civil Code with influences from Roman Law and traditional Dutch customary law. The new civil law books (which went into force in 1992) were heavily influenced by the German ''Bürgerliches Gesetzbuch''. The primary law-making body is formed by the Dutch parliament in cooperation with the government, operating jointly to create laws they are commonly referred to as the legislature (Dutch: ''wetgever''). The power to make new laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. A trend in recent years has been for parliament and the government to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipalit ...
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Murder In The Netherlands
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a per ...
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