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Law of 27 September 1962 exempting a military service from serious conscientious objection
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is necessary to adopt a new regime implementing Article 196 of the Constitution.
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
'military': he, who belongs to the armed force, also during the time, is not in real service;
'replacement service' means the service which is required to replace the military service;
'recognised conscientious objectors' shall mean those whose objections to the personal fulfilment of the military service have been recognised as serious conscientious objectors;
'big leave' means the time during which the recognised conscientious objectors do not have or need to perform a substitute service;
'employed' means the person who has been called upon to serve as a replacement service from the moment that he has arrived at the place of his first destination until the time when he is sent with great leave;
'conscientious person' means the person who, following the Conscription of the framework law is declared suitable for the fulfilment of actual service.
2 Where, in this Act and the provisions held thereon, persons who have been declared unfit are recognised as conscientious objectors, have been relieved of the obligation to carry out the alternative service in ordinary circumstances; If the opposite is not apparent, the following shall be understood as those on whom the decision in question or the judgment in question has become irretrievable.
3 Where, under this law and the provisions held thereon, the call for replacement service shall be referred to those who already fulfil the replacement service shall continue to serve the replacement service.
Serious conscientious objection within the meaning of this Act is the inexonable conscientious objection to the personal fulfillment of military service in connection with the use of means of violence by conscription in the Dutch It is possible to involve military forces.
1 Upon request, Our Minister of Defence may recognize the objections of an conscientious officer or a military officer as serious conscientious objection. The application shall state the registration number and shall state the reasons on which it is based.
2 Our Minister of Defence is conducting an investigation into whether the objections are to be noted as serious conscientious objection. Our Minister of Defence may refrain from giving an opinion if it is a renewed application.
1 The person who made an application as intended Article 3, first paragraph The Minister may, pending a decision on it, be exempted from the provision of services in whole or in part.
2 Where against the person who has applied for use as intended Article 3, first paragraph , a criminal prosecution has been instituted for infringement of Article 139 of the Code of Military Criminal Law , because of disobedience to any service or conscription, or to a violation of Article 36 of the Framework Service the State Department may decide to suspend such criminal proceedings, pending a decision on that application. In the case of a renewed application, no suspension shall be granted unless special circumstances give rise to it.
1 The in Article 3, second paragraph , the research referred to is carried out by one or more members of a committee of opinion. The members of the committee shall be appointed and dismissed by Royal Decree.
2 The Commission shall deliver its opinion after the applicant has been given an opportunity to be heard.
1 If our Minister of Defence considers that the objections are to be regarded as serious conscientious objection, he will recognize those objections as such.
2 Where the applicant does not provide for the examination of the committee for the purposes of the examination, without duly substantiated reasons, Article 5 , has appeared, the application is, in any case, rejected.
1 If the applicant objects to a decision rejecting the application for recognition, our Minister of Defence shall decide upon that objection, after consulting the committee, as referred to in Article 4 (1). Article 5, first paragraph . The committee advises after it has launched an investigation with at least three members.
2 In the cases mentioned in Article 7:3 (a) to (e) of the General Administrative Law Our Minister of Defence does not win any advice as referred to in the first member.
Rules for the implementation of this Chapter shall be laid down by or pursuant to general rules of administration.
1 A decision on the basis of Article 4 shall remain in effect until the rejection of an application for recognition as a conscientious objectivalue has become final.
2 As long as the period of appeal has not expired, or to proceedings brought against a decision on recognition as a conscientious objectors, as referred to in Article 2 (2). Article 7b has not been decided, our Minister of Defence may still give application to Article 4, first paragraph .
1 The recognized conscientious objectors are exempt from the military service under all circumstances. Nor should he be instructed to do his work, which by their very nature can only be directed at the aid of the armed forces.
2 Without prejudice to paragraph 4, an obligation of conscientious objectors shall be obliged to serve as a substitute service in exceptional circumstances and in exceptional circumstances.
3 The military, recognised as conscientious objectors, shall be discharged from the military service as soon as possible.
4 Recognized conscientious objectors who, as an conscientious conscientious objectionable only in exceptional circumstances, would be required to do so is only required to carry out a replacement service in exceptional circumstances. Circumstances.
The right to criminal proceedings in respect of an offence, as intended Article 4, second paragraph , expires, once the conscientious objection of the defendant has been acknowledged.
1 The recognized conscientious objectors shall be summoned by our Minister of Social Affairs and Employment for the replacement service, on or as soon as possible after the date on which he is to be required to commence or continue his military service. He is obliged to comply with this summons.
2 For replacement service in ordinary circumstances, recognised conscientious objectors are not called for under 35 years of age. In exceptional circumstances, no convocation of recognised conscientious objectors shall take place over 45 years of age.
1 The duration of the replacement service in normal circumstances is a third longer than that of compulsory residence under the arms for training and exercise of the majority of conscripts.
2 The duration of the replacement service in normal circumstances shall be reduced for the conscientious objectors with the duration of the actual service which he has already completed as an officer of service in normal circumstances.
3 Our Minister of Social Affairs and Employment can shorten the duration of the replacement service in ordinary circumstances with respect to the conscription, who has already completed his resignation from the military service, the training and exercise.
4 The duration of the replacement service in exceptional circumstances shall be the same for the recognized conscientious objectors during which the person concerned would have been in exceptional circumstances as an officer in exceptional circumstances.
5 In so far as the recognized conscientious objectors have not yet completed the replacement service under ordinary circumstances in exceptional circumstances at the beginning of the completion of the replacement service, the period during which the replacement duty is to be taken shall be has been required to carry out replacement duties in exceptional circumstances. To the extent that, as a result of an end to the exceptional circumstances, no or no further application can be made to the first sentence, the person concerned is still required to carry out a replacement duty in ordinary circumstances.
6 In the case of a general measure of management, groups of persons who are not, or for the time being, not called in exceptional circumstances to perform a substitute service may be designated.
1 The replacement service is filled with public authorities or, by our Minister of Social Affairs and Employment, designated for the employment of conscientious objectors, which are in the public interest.
2 Our Secretary of State for Social Affairs and Employment can attach conditions to employment, other than in the case of public services.
3 Our Secretary of State for Social Affairs and Employment shall determine the body or service of employment of the agency.
The employed person is obliged to comply with the instructions and regulations which are given to him or are fixed for him by or because of our Minister of Social Affairs and Employment or the person to whom the institution or service is the power of employment to award contracts or the adoption of rules under particular instructions or to workers employed in that capacity by virtue of his duties. The employed person is also generally obliged to behave properly during the replacement service.
Our Minister of Social Affairs and Employment grants, in the following categories of cases, a derogation from the replacement service in normal circumstances for the following reasons, in the following terms:
a. Personal indispensability;
b. the presence of special circumstances;
c. Cost business;
d. the holding of a spiritual office or the following of an education to such office; or
e. Frateral service.
1 An exemption may be granted under restrictions.
2 Provisions may be attached to a waiver.
3 A waiver may be revoked by Our Minister of Social Affairs and Employment, when:
(a) one or more of the reasons for which the waiver has been granted has expired;
(b) one or more of the related provisions are not complied with; or
(c) after the award of such facts or circumstances, it has become known that, if they had been known at the time of the grant, the waiver would not have been granted or would not have been granted in that form.
Detailed rules relating to the derogation shall be laid down in the context of, or pursuant to, general measures of management. An under Article 15 or general measure adopted pursuant to the first sentence, shall not take effect earlier than eight weeks after the date of issuance of the Official Gazette in which it was placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.
1 Our Minister of Social Affairs and Employment may require the conscientious objectors to perform the replacement service in normal circumstances in the case of parts of two or more periods not to be conserved.
2 If the obligation referred to in paragraph 1 is imposed as a result of circumstances independent of the wishes of the employed, the period between the parts of the replacement service shall be deducted from the duration of the period of employment. replacement service in ordinary circumstances.
The replacement service may be renewed for the employed, if it is eligible for long leave:
a. for as many days as he has not taken part in the daily service through unauthorised absence;
b. As long as the departure with big leave would be a danger to the spread of a dominant or prevalent infectious disease.
1 The granting of long leave is provided by our Minister for Social Affairs and Employment.
2 Recognized conscientious objectors with great leave is obliged to inform our Minister of Social Affairs and Employment to grant officials access to the documents of his or her recognition to him, as well as to our Minister for Employment. Minister for Social Affairs and Employment, on request, to provide all information requested in connection with his replacement service.
The obligations arising under this Act concerning the fulfilment of the replacement service shall no longer apply if the person concerned:
a. proves to be unsuitable for good reasons for the existence of a disease or defect;
(b) a Treaty does not require that it is required to do so; or
c. loses the Nederlandership.
1 Disposition, pledge or reward of the pocket money that is paid to the employed is only valid to the extent that it would be valid for his pocket money in the absence of any other income.
2 A proxy for the recovery of the pocket money shall be valid only if it has been granted in writing. She's always revocable.
3 Each clause, contrary to any provision of this Article, shall be null and void.
The employed who acts in contraa with Article 14 may be punished by an individual appointed for that purpose by our Minister of Social Affairs and Employment.
1 The disciplinary penalties are:
a. Berisping;
f. Fine, of at least € 2 and not more than the amount of the pocket money in half a month;
(c) extending the duration of the replacement service to a maximum of 14 days in ordinary circumstances.
2 When imposing a sentence, it may be determined that it will not be implemented in whole or in part if the employed, for a specified period of time, does not plead guilty to similar dereliction of duty, if for which the person concerned has not been punishment, or any other serious failure of duty.
3 A fine imposed may be collected by deduction of the amount of the allowance paid to the employed pocket. A fine may not be collected if and to the extent that, by doing so, the sum of the fines to be recovered in one calendar month, under that law to the employed person, exceeds the amount equal to one third of the pocket money in one month. Would go.
4 Upon termination of the replacement service in ordinary circumstances, fines, in so far as they have not yet been collected, shall be withheld from the pocket money that is still employed.
5 No penalty of extension may be imposed if and to the extent that, as a result, the Article 12 The duration of the replacement service in normal circumstances of the employed person by more than 30 days would be extended.
1 No penalty shall be imposed or the conditional nature of a sentence imposed than after the person employed has been given the opportunity to justify himself in writing within six times twenty-four hours. The invitation to answer shall be sent to copies of the documents relating to the case, unless the importance of the confidentiality of information or the interests of third parties is opposed.
2 The employed person responsible in accordance with the first paragraph shall, at his request, be placed on the occasion of the semi-trailer or by another person appointed by that person to give a further oral explanation on his to be accountable.
3 The criminal record or revocation shall be made in writing and shall state the reasons on which it is based.
4 The person who has been stoked shall be notified without delay of the imposition or revocation by the transmission or distribution of the decision to that effect. The latter shall be informed of the time period and of the authority which may be brought before him.
1 The gestraffed may enter within five days of receipt of the Article 32 (4) , appeal the said notice to the court of the Hague. The penalty, except berisping, shall not be enforced until it has become irretrievable unless immediate enforcement has been ordered in the course of the criminal proceedings.
2 The proceedings of the appeal shall be carried out by a multiple Chamber of the Court, which shall sit and decide with three members, two of whom shall be the chairman, member or deputy of the court and one not until the judicial proceedings. power belongs. The latter and so many alternates for these as We deem appropriate to be appointed by Us upon nomination of Our Ministers of Justice and of Social Affairs and Employment for the time of four years.
3 A fee shall be paid to the expert members and their alternates by the corresponding application of the rules applicable to the Judges alternates. On them are Article 4 and the Articles 46c , 46d , 46th , 46i with the exception of the first paragraph, part c , 46j , 46l and 46m of the Law on the legal position of the judicial authorities applicable mutatis mutandis.
4 On the sitting members of the chamber referred to in the second paragraph, the Articles 512-523 of the Code of Criminal Procedure applicable mutatis mutandis.
1 The appeal shall be lodged by the submission of a notice of appeal to the Registry of the Article 33, first paragraph That's the court.
2 The court may, in a reasoned decision, declare that a notice of appeal lodged after the period of appeal shall be deemed to have been received in good time if the person who has been stoked cannot reasonably be regarded as having failed to do so.
1 The appeal shall be dealt with as soon as possible. The President of the Article 33, second paragraph , the chamber shall determine the day of treatment.
2 The person who has been stoked shall be summoned by the Registrar at least six days prior to the examination of the appeal. The decision shall be taken to inform the person concerned of the power to be assisted by a counsellor, and to the right to be informed of procedural documents. If the stoked does not appear and the court considers his presence to be necessary, it may postpone the examination of the appeal for certain periods and order the convocation of the stoked order. If the court does not appear, the court may annaL the appeal.
1 The proceedings of the appeal shall be given in open court. The chairman shall be in charge of the treatment. It may, at the request of the stoked or on grounds of public order, order that the treatment is carried out behind closed doors.
2 The gestraffed may be assisted by counsel.
The court may refuse to allow individuals, who are not a lawyer, as counsel.
3 The court shall be empowered to question or to raise witnesses and experts in writing. Reimbursement of costs incurred by witnesses and experts shall be carried out in accordance with the provisions of the Law Rates in Criminal Matters .
1 The court shall decide not later than the 14th day following the end of the proceedings of the appeal in a written, reasoned statement.
2 The reading of the judgment in appeal shall be made in public, and the judgment shall be awarded or sent to the person concerned. A copy of the judgment shall be sent to the person who has imposed the sentence at first instance and to our Minister for Social Affairs and Employment.
3 The court shall appeal the decision at first instance to the imposition or enforceability of a sentence or destroy it wholly or in part and shall take the matter itself.
4 If, in the appeal, a penalty of prolongation of the duration of the replacement service is nullitiated or reduced in normal circumstances, the court shall, in accordance with general rules, determine whether the duration of the replacement service is to be reduced or reduced. (i) measures to be taken by the Board of Management, in which way it will be remedied by the stressed disadvantage.
5 Against the court ' s decision no further provision is open.
1 The right of criminal proceedings shall be extingued by the application of disciplinary punishment.
2 Above the punishment handed down by the strait, no disciplinary penalty will be imposed.
1 He, intentionally not satisfying a legitimate convocation of a replacement service, shall be punished by imprisonment of not more than two years or a fine of the fourth category.
2 It is not apparent that the fact has been committed intentionally, and shall be punished by imprisonment of not more than nine months or a fine of the third category.
1 With custody not exceeding 14 days or a fine of the second category, he shall be punished who does not comply with the following Article 27, second paragraph , his obligations to him.
2 shall be punished by imprisonment of a maximum of two months or a fine of the second category, which intentionally does not comply with the following Article 27, second paragraph , his obligations to him.
1 The employed, who is intentionally not absent, shall be punished:
a. Imprisonment of a maximum of one year or a fine of the third category, if that absence lasts more than four days;
(b) with a maximum of two years ' imprisonment or a fine of the fourth category, if such absence takes longer than 30 days or has been removed by the guilty party with a view to fulfilling his obligations for good. evading.
2 The term 'absence' means the absence of the place or place where the employed person is to be in the performance of the service obligations incumbent upon him; the removal of the person concerned shall be included in the absence of the person employed in the service; absent or staying away from that place or places.
The employed person who systematically fails to fulfil his service obligations shall be punished by imprisonment of a maximum of one year and nine months or a fine of the fourth category.
1 The duration of a deprivation of liberty suffered by reason of infringement of one of the Articles 52 , 52a , 53, 1st Member , and 54 shall be deducted from the duration of the replacement service in ordinary or exceptional circumstances.
2 In cases where, after application of the first paragraph, the employed person is still required to serve as a substitute for one month or less, our Minister for Social Affairs and Employment may dismiss him from that obligation.
Our Minister for Social Affairs and Employment can be the person who is Article 52, first paragraph , or, in the event of a crime, has been irrevocably sentenced during the replacement service to an unconditional custodial sentence, to be discharged of the obligations arising from him under this law.
1 The in Articles 52, 1st paragraph , 52a, second member , 53 and 54 Criminal offences are criminal offences.
2 The in Articles 52, second paragraph , and 52a, 1st Member Criminal offences are punishable offences.
1 For the purposes of the provisional detention, criminal offences, as defined in this Law, shall be treated in the same way as criminal offences, which shall be subject to a maximum of four years ' imprisonment or more.
2 With the detection of these facts, except for the officials, it is appropriate to Article 141 of the Code of Criminal Procedure , in charge of the persons designated by our Minister of Social Affairs and Employment.
3 Those who have been charged with the detection under the preceding member may, having pleaded guilty to a fact, be punishable by this law, after arrest to the place where he is responsible for fulfilling his or her own service obligations must be in place.
1 The rules necessary for the implementation of this Act shall be determined by or pursuant to a general measure of management, unless otherwise provided by the law.
2 The legal position of conscientious objectors recognised as conscientious objectors shall, as far as possible, be dealt with in an equal manner as those of the military service members.
All documents drawn up, presented, presented, presented or awarded in connection with the provisions of this law or of the rules to be carried out shall be exempt from the levy, the costs of legalisation and the fees for the registry.
1 With respect to recognised conscientious objectors, the Articles 11 to 13 and the Article 23 and 25 on entry into force of the Conscription of the framework law suspended.
2 Chapter 4 of the Framework Service shall apply mutatis mutandis.
3 The suspension referred to in paragraph 1 shall not apply to the convocation of the conscripts as referred to in Article 1 (2). Article 64 of the Framework Service .
This law may be cited as "Law conscientious objection military service".
This law will enter into force on a date to be determined by Us.
Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.
Given at Paleize Soestdijk, 27 September 1962
JULIANA.
The Minister of Defence,
S. H. VISSER.
The Minister of Justice,
A. C. W. BEERMAN.
Issued the ninth of October 1962.The Minister of Justice, a.i.,
E. H. TOXOPEUS.
