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 actually lasts for the remainder of the life of the convicted person, unless the sentence is commuted or pardoned by the Sovereign of the Netherlands. However, this rarely (if ever) happens and few appeals to the King for clemency have ever been successful.

A common misconception is that the maximum sentence is 30 years (or 20 until 2006): this is actually the longest determinate sentence that can be imposed other than life imprisonment.

Intentionally killing another person without premeditation is called doodslag ("deathslaughter", i.e. manslaughter) and carries a maximum sentence of fifteen years' imprisonment or life if committed under aggravating circumstances ("qualified manslaughter") or as an act of terrorism.

In the first decade of the 21st century a life sentence was handed out 26 times by Dutch judges. All convicts will die in prison unless pardoned by Royal decree. In addition to a prison sentence, the judge may also sentence the suspect to terbeschikkingstelling (literally: entrustment, i.e. to the State), or ''TBS'' in short, meaning detention in a psychiatric institution for treatment, sometimes compulsory. TBS is imposed for a two-year term but can subsequently be prolonged for one or two years if deemed necessary by a committee of psychiatrists. Normal TBS can only be prolonged up to a term of four to nine years, whereas compulsory TBS can be prolonged indefinitely.

Dutch homicide laws

The Dutch penal code, Wetboek van Strafrecht ("Lawbook of Penal justice"), specifies the following kinds of homicide:

* Article 97 – "An attack carried out with the intention of taking the life or liberty of the King, the reigning Queen or the Regent"€ 78.000.
* Article 108 – "An attack on the life or liberty of the King's consort, of the King's heir apparent or his spouse"
* Article 115 – "An attack on the life or liberty of a head of a friendly nation"
* Article 117 – "An attack on the life or liberty of an internationally protected person"
* Article 287 – ManslaughterArticle 287 Dutch Penal Code: "Any person who intentionally takes the life of another person shall be guilty of manslaughter and shall be liable to a term of imprisonment not exceeding fifteen years or a fine of the fifth category."
* Article 288 – Aggravated manslaughterArticle 288 Dutch Penal Code: "Manslaughter followed, accompanied or preceded by a criminal offence and committed with the intention of preparing or facilitating the performance of that offence or in the event of being caught in the commission of that offence to secure for himself or the other participants in that offence either impunity from punishment or the possession of the unlawfully obtained property, shall be liable to life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category."
* Article 288a – Manslaughter committed with terrorist intentArticle 288a Dutch Penal Code: "Manslaughter committed with terrorist intent shall be liable to life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category."
* Article 289 – Murder
* Article 289a – Conspiracy to commit murder or manslaughter with terrorist intent
* Article 290 – Child manslaughter€ 19,500
* Article 291 – Child murder
* Article 293 – Euthanasia
* Article 307 – Involuntary manslaughterAny person who, through negligence, causes the death of another person shall be liable to a term of imprisonment not exceeding two years or a fine of the fourth category. 2. In the case of reckless negligence, he shall be liable to a term of imprisonment not exceeding four years or a fine of the fourth category.

See also

* Deventer murder case
* Assassination of Pim Fortuyn
*List of murder laws by country

References

{{Reflist

External links

Dutch Penal Code

Dutch Penal Code
(English translation)

Netherlands, the
Law of the Netherlands
Murder in the Netherlands

nl:Moord