Development of the Penal Law in the Netherlands

Abstract

The French penal code which was introduced in the Netherlands during the French rule (1810 to 1813) prevailed until 1886, during which time, however, several important changes were made. The most outstanding of these were, the introduction of the cellular prison system (1851), abolishment of corporal punishment and branding (1854), extension of authority to the judges whereby they could acknowledge extenuating circumstances and reduce punishment in those cases (1854), and abolition of capital punishment (1870)-the last execution took place in 1861. The code d'instruction criminelle, also introduced in 1810, was in force until 1838. It was then replaced by a National Statute Book, which, however, closely followed the French code. With the restoration of independence in 1813 the French penal law was still maintained but the verdict by jury was abolished and since then only official judges can give the verdict in criminal cases. I may state without fear of contradiction that this has proven almost completely satisfactory and there is, therefore, no wish for reinacting lay jurisdiction. The statute book of penal procedure has been replaced by a new one (1926), which, in a technical juridical sense is more co6rdinant with modern times. The character of inquisition which the preinvestigation has always used remains, but in a milder degree than before.