Substantive Criminal Law in Amsterdam
Substantive criminal law forms the core of criminal law, defining which acts are punishable, who is responsible for them, and what penalties apply. For residents of Amsterdam, this is the foundation for cases at the Amsterdam District Court, as codified in the Dutch Criminal Code.
What does substantive criminal law entail?
Criminal law distinguishes substantive criminal law from procedural criminal law. Substantive criminal law describes punishable offenses, the conditions for punishability, and the penalties. It answers questions such as: 'Which behavior is prohibited?', 'Who can be prosecuted?', and 'What are the consequences?'. Procedural criminal law, on the other hand, governs the process, such as interrogations by the Amsterdam police or hearings at the Amsterdam District Court.
The principle of legality is central: nullum crimen, nulla poena sine praevia lege poenali. Only acts explicitly prohibited by law are punishable, protecting Amsterdammers from arbitrariness, for example during busy events like King's Day.
Legal basis in Amsterdam
Substantive criminal law is primarily laid down in the Dutch Criminal Code (Sr.). Relevant articles:
- Article 1 Sr: A punishable offense is an act made punishable by law.
- Article 9 Sr: Principal penalties such as imprisonment, detention, and fines.
- Article 10 Sr: Crime (serious penalty >3 months imprisonment) versus offense (minor).
- Articles 37-48 Sr: Rules on attempt, complicity, and participation.
Supplementary laws such as the Opium Act (drugs in Amsterdam coffee shops) or Road Traffic Act (bike theft or scooters in the city) also apply. View the Sr at wetten.overheid.nl.
Difference between substantive and procedural criminal law
Overview:
| Aspect | Substantive criminal law | Procedural criminal law |
|---|---|---|
| Content | What is punishable? What penalty? | Prosecution procedure |
| Law | Dutch Criminal Code (Books 1-3) | Code of Criminal Procedure |
| Example | Theft (art. 310 Sr) | Police interrogation in Amsterdam (art. 53 Sv) |
| Application | Guilt and penalty severity | Trial and evidence at Amsterdam District Court |
Read more in What is criminal law?.
Types of punishable offenses in Amsterdam
Crimes and offenses:
- Crimes: Serious offenses such as murder (art. 289 Sr), theft in the Kalverstraat, or nuisance in the Red Light District. Penalty: >3 months imprisonment.
- Offenses: Urinating in public on the Dam or cycling too fast. Penalty: fine via the Municipality of Amsterdam.
Practical examples for Amsterdammers
Example 1: Shoplifting
Art. 310 Sr: Taking someone else's property, such as bike theft at Central Station. Crime, up to 4 years imprisonment; first offense often community service.
Example 2: Drugs in the city
Art. 2 Opium Act: Possession of soft drugs (offense) or hard drugs (crime). 5 grams of weed in the Jordaan? Fine €100-€200.
Example 3: Fraud
Art. 326 Sr: Fake invoice for Airbnb booking. Businesses risk imprisonment at Amsterdam District Court.
Penalties and measures
Principal penalties (art. 9 Sr):
- Imprisonment (up to 30 years or life).
- Detention (up to 1 year).
- Fine.
- Community service (up to 240 hours).
Measures such as TBS (art. 37 Sr) for mental health issues. Judges at Amsterdam District Court consider recidivism or remorse.
Rights and obligations for Amsterdammers
Rights:
- Clear law (art. 1 Sr).
- No retroactive harsher penalty (art. 2 Sr).
- Exceptions: self-defense (art. 41 Sr).
Obligations:
- Do not commit punishable offenses.
- Provide identification during police checks.
Suspects have the right to remain silent.
Frequently asked questions
Difference between crime and offense?
Crime is more serious (>3 months imprisonment, art. 10 Sr), e.g., theft. Offense is minor, such as a parking fine in Amsterdam.
Liable for attempt?
Yes, art. 45 Sr: up to 2/3 of full penalty if intent is present.
Applies to companies?
Yes, art. 51 Sr: legal entities are punishable, relevant for Amsterdam startups.
Law change?
Art. 2 Sr: the mildest law applies, retroactively favorable.
Tips for Amsterdammers
- Consult the Amsterdam Legal Aid Office or a lawyer at Amsterdam District Court for advice.
- Check the Municipality of Amsterdam for local fines.
- Stay informed via wetten.overheid.nl.