Abstract

The Dutch Penal Code entered into force on September 1, 1886. Since then many parts of the Dutch Penal Code have been discussed. This article does not intend to provide an integral systematic overview of the Dutch Penal Code and the many changes it has been subjected to, but examines (in the first part of this article) it generally, with the aim of showing various arguments for a more thorough review of the Dutch Penal Code. Recognizing the need for revision of the Penal Code, the question arises as to what is meant by a revision. More clarity on what is meant by revising a Penal Code is necessary to prevent failure therein as a result of terminological ambiguity or carelessness. In the second part of this article three manners in which a Penal Code may be revised are described. They are: modification, integral revision, and re-codification.

Highlights

  • The Dutch Penal Code entered into force on September 1, 1886

  • For the sake of readability of this article, I had to exercise restraint: in order to be able to show as many subjects that have been debated as possible, most discussions will be touched upon briefly As a result, the reader may obtain the impression that the Dutch Penal Code is in some chaos

  • At the time the Dutch Penal Code came into force, the special part consisted of two Books

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Summary

INTRODUCTION

The Dutch Penal Code entered into force on September 1, 1886. In the beginning, the Code was met with some criticism.[2]. The bill introduced a lot of important changes in all three books of the Dutch Penal Code.[3] the bill was never discussed in parliament It was withdrawn by the successor of Cort van der Linden as Minister of Justice, Loeff. For the sake of readability of this article, I had to exercise restraint: in order to be able to show as many subjects that have been debated as possible, most discussions will be touched upon briefly As a result, the reader may obtain the impression that the Dutch Penal Code is in some chaos. More clarity on what is meant by revising a Penal Code is necessary to prevent failure therein as a result of terminological ambiguity or carelessness

Modifications of the General Part
Some comments on the modifications of the General Part
Criminal sanctions
Modifications of the special part
Some comments on the modifications of the special part
FRAMING THE DEBATE
Modernization
Integral revision
Re-codification
CONCLUSION

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