Key Benefits:
Law of 10 July 1952, laying down the Law of War Criminal Law and of any other related amendments to the Criminal Code, the Military Criminal Code and the Law on Military Punishment and Tuchtal Law
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 desirable to lay down provisions for crimes committed in the event of war and to make any changes in the case of war, and to make any changes to the Penal code , the Penal Code of the European Union and the Law on Military Punishment and Disciplinary Action;
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:
The following provisions are laid down, which may be cited as LAW WAR CRIMINAL LAW
1 The provisions of this Act apply to the crimes, in the event of war committed or first punishable in the event of war, which are defined in:
1 °. Titles I and II of the Second Book of the Criminal Code ;
3 °. Articles 4 to 7 of this Act ;
4 °. Articles 131 to 134 , 189 and 416-417 Bis of the Code of Criminal Law , if the offence or offence, of which it is referred to in those articles, is a criminal offence as referred to in this article.
2 In the case of an armed conflict, which cannot be considered to be war and where the Netherlands is involved either in individual or collective self-defence, or for the restoration of international order and security, the Articles 4 to 7 subject to a general measure of administration, that the other provisions of this law will apply in whole or in part.
3 Under war is understood to be civil war.
To the extent laid down in this Act do not otherwise determine, Article 1 the offences referred to in the Penal Code of the European Union and those implementing it and, subject to the exceptions to that Code, the provisions of the ordinary criminal law, on the understanding that, in the case of Penal Code of the European Union whether the rules for their implementation are intended to be used in the courts of the Law on military criminal justice , or Article 2 of the Military Criminal Justice Act the persons mentioned above, including the courts designated by that law, shall be subject to the legal power of those courts.
Without prejudice to: Penal code and the Penal Code of the European Union Certain is the Dutch criminal law applicable:
1. at any person, who is guilty of a crime outside the realm of Europe, described in the Articles 4 - 7 of this Act , if this fact has been committed against or in relation to a Dutchman or a Dutch legal person, or if any Dutch interest is or could be harmed;
2. at each, who finds himself guilty of a crime outside the realm of Europe, described in one of the Articles 131 to 134 , 189 and 416-417 Bis of the Code of Criminal Law If the offence or offence referred to in those articles is referred to, it is a criminal offence under one ° of this order. Intended;
3 °. on the Dutchman, who is guilty of a crime outside the empire in Europe, in Article 1 Intended.
The Dutchman, who voluntarily comes into martial law with a foreign power, knowing that it is at war with the Netherlands, is punished with life imprisonment or temporary of up to thirty years or a fine of the fifth category.
1 He, in the event of war, intentionally exposes any person to the search, prosecution, deprivation of liberty or limitation, any punishment or any measure by or because of the enemy or his helpers, shall be punished by imprisonment of not more than 10 years or a fine of the fifth category.
2 Life imprisonment, or temporary of up to 30 years or a fine of the fifth category, shall be imposed if the fact of serious bodily injury, death or missing person, from which it is reasonably possible to divert death, is imposed as a result of the death or death of the person concerned. This is
He who is committing and employing or threatening to do so from power, opportunity or means, commandments him by the enemy, shall be punished with:
1. double the prison sentence imposed on that offence if it does not serve more than 10 years in prison;
2 °. imprisonment for a life sentence of not more than 30 years, or a fine of the fifth category if that offence has been placed on that offence of more than 10 years;
He who, in the event of war, intentionally or threatens to make use of or threaten power, opportunity or means to him by the enemy, to disadvantage another in his ability, or to gain, or any other, to benefit. penalty of up to 15 years ' imprisonment or a fine of the fifth category.
On sentencing, to imprisonment for at least one year for one of the members of the Articles 4 to 7 of the facts referred to may be debuned from Article 28, first paragraph, below 3 °, of the Penal Code are declared straight.
The Articles 4 to 7 punishable offences shall be considered as crimes.
1 Of the crimes, in Article 1 by whom, subject to the provisions of paragraph 2, the courts shall, subject to the provisions of the second paragraph, take the necessary measures to ensure that the Law on military criminal justice The Supreme Court, including the High Court, as laid down in that law.
2 If the prosecution of a crime as in Article 1 is intended to take place after an enemy occupation of the territory of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of Europe or of part thereof, Military personnel, intended in Article 1 (1), first paragraph, below 2 ° ., or defined in the Articles 131 to 134 , 189 or 416-417 Bis of the Code of Criminal Law , if the offence, of which is spoken in those articles, is a criminal offence as intended Article 1 (1), first paragraph, below 2 ° .
3 We may, by a general measure of administration, make arrangements for the transfer of cases to the special courts as well as on the preparation of the prosecution for time, that these courts have not yet been set up. It may also provide for the special courts to notify crimes, as defined in the Annex. Law of international law .
4 We reserve the general rule of directors to determine that, due to the small size or duration of the occupation, the provisions of the second paragraph will remain out of application.
5 We also reserve the right to determine, in the case of a general rule, that after the end of actual acts of war, even if it is not preceded by an enemy occupation of the Kingdom in Europe or a part thereof, it must be determined that will find the second member in relation to the scale and nature of the facts to be applied.
1 The special courts and the Special Supreme Court are set up and compiled by Us.
2 The jurisdiction and the place of establishment of the special courts and the place of establishment of the Special Supreme Court shall be determined by us on a general measure of administration.
1 The Special Supreme Court and the special courts are made up of a legal scholar president and so many legal vice presidents and legal scholar and military members as will be necessary.
2 In the Special Court, an Attorney General and so many of the Advocates General will be a prosecutor of the special courts and as many substitute officers as necessary. Each college shall be a Registrar and as such a number of substitute Registrars as necessary.
3 We can appoint deputy legal and military members.
1 To the in Article 14 the following relations with the exception of those of a military member and of an alternate member of the military shall be appointed:
1 °. In the Special Court of Justice, those appointments shall be appointed as Mr Advocate General, or Registrar or Registrar of a Court of Justice, respectively;
2. in the special courts, which shall be appointed as Judge, officer or deputy prosecutor, or Registrar or substitute Registrar of an Arrondissements court.
2 The members of special colleges in charge of justice shall be appointed by us for the duration of the conservancation of the College and preferably of members of the judiciary, with jurisdiction.
3 Until military members and alternate military members are appointed, the following shall be appointed:
1 °. in the Special Supreme Court of Member States and flag officers, whether or not in active employment;
2 °. in the special courts officers, whether in active duty or not, who have at least the rank of chief officer.
The members of the special colleges shall receive a salary, which shall be a third part of the remuneration for corresponding clersmen in the district courts in the special courts, and a third party to the Special Court. part of the remuneration for corresponding operations shall be paid to the Hoge Raad der Nederlanden.
1 The Special Supreme Court with five members, including at least one and a maximum of two military members; if there are two military members, one of them shall be as close as possible to the naval force and to a land-force.
2 Special courts court sentences with three members, including one military member.
1 No appeal shall be opened against the judgments of the special courts.
2 Against these sentences, appeals may be made in cassation at the foot of Article 19 shall be set up by the Special Supreme Court.
Without prejudice to: Article 34 The Special Supreme Court shall destroy the judgments of special courts:
1. by reason of the failure to act, prescribed under penalty of nullity, provided that such failure does not require the annulment of the grounds for annulment, if it is reasonable to assume that the suspect is in his or her absence from his or her own interests not affected;
2. for the misapplication or breach of the law, in the same way as the imposition of a sentence or a measure which cannot be regarded as having been taken to deal with the seriousness of the offence, the circumstances, including: committed, or the person or personal circumstances of the convict;
3 °. in the event of an overrun of jurisdiction.
The provisions of the Law of the Judiciary and the policy of justice, with the exception of the Articles 8, 1st paragraph , 15 , 17 and 18 , and the arrangements made for the implementation of that law shall apply mutatis mutandis in respect of special colleges, if and to the extent that those provisions do not derogate from the provisions of that law, on the understanding that, in respect of the special courts the provisions relating to the district courts and to the Special Court of Justice are subject to the provisions of the High Council, subject to the provisions of the High Council, subject to the provisions of the Special Supreme Court Recommendations-for vacancies requiring the establishment of the institution -provided-in the manner prescribed for the courts.
The legal provisions of the special courts and the Special Court of Justice are the provisions of the Court of Justice. Code of Criminal Procedure applicable mutatis mutandis, where and to the extent that such provisions do not derogate from those provisions, provided that:
(1) where the Court, the President, Judges, the Judge-Commissioner, the Public Prosecutor, the Public Prosecutor, and the Registrar of the Court of Justice are determined by the Court of Justice, which is applicable to the special court and the office holders of that College;
2 °, which is the subject of the Supreme Court, the Attorney General and the Registrar of the High Court, on the High Court, on the Special Court of Justice and on the officials of the Court;
The Court of Justice and the Court of Justice and the Members of the Court of Justice of the European Parliament and of the Court of Justice of the European Parliament and of the Court of Justice of the European Parliament and of the Court of Justice and of the
Our Minister of Justice may determine that in the event of a crime to which this law applies, an ininsurance order, as referred to in Article 57 of the Code of Criminal Procedure , for a period of two days referred to in Article 58 (2) of that Code, it shall be valid for a period longer than that specified in Article 58 (2) thereof, except that the insurance policy may not take longer than one year.
1 The Minister of Justice may, if necessary for the proper procedure, provide that one or more Judges shall be charged with simplified judicial proceedings in respect of criminal proceedings in accordance with the provisions of the Court of Justice, in accordance with the provisions of the This department.
2 They shall be appointed by our Minister of Justice on a proposal from the President for a period of one year from among the legal members or alternate members of the special court.
If, in the initial judgment of the public prosecutor, a case of imprisonment of up to six years, detention or fine should be imposed in a case and the case to the initial judgment of the prosecutor's office in the case of simplified judicial settlement, it shall, to that end, be placed in the hands of the court, accompanied by a written claim for the imposition of a given sentence.
If the court judges that the case is not eligible for simplified judicial proceedings, he shall notify the public prosecutor of that fact of the matter on the subject of the presentation of documents.
1 If, on the basis of the documents and the hearing of the defendant, the judge has obtained the conviction that it has committed a crime to which the provisions of this law apply, and be punishable by law, he may punish the accused the imposition. The court does not have jurisdiction to impose other main penalties other than imprisonment of up to six years, custody and fine.
2 If the judge has not obtained the conviction that the defendant has committed a particular fact in the proceedings of the Prosecutor's Office, he shall be free to disclose that fact in relation to that fact.
3 If the judge has obtained the conviction that the defendant has made a certain fact, stated in the public prosecutor's claim, but considers that this is not a crime, to which the provisions of this law apply. or if the suspect is not criminally punishable, he or she dismisses his or her disqualified or disqualified, he dismisses him with regard to that fact of all legal proceedings.
4 The court shall give the decision, in this article, by written order.
1 The judge shall not give the order before the defendant has been heard. He does the defendant, who is in protective custody, to appear before him. If the accused is in liberty, he shall order his summons; if the accused does not appear on the summons, he shall order him again; he may order the order of his order, or issue his order at a later date.
2 The President of the Special Court shall add to the defendant, who has no counsel, no later than the 10th day preceding that on which the hearing will take place, counsel. This addition, together with the date of the hearing, shall be notified without delay to the counsel and to the accused.
3 The judge shall, if required, inform the defendant and his counsellor in the event of the documents.
4 The public prosecutor's office and counsel of the accused are competent to attend the hearing. In that case, they shall be given the opportunity to speak.
1 The order shall contain the name of the court, the day on which the decision was taken, and, as far as possible, the name and surname, age, place of birth, occupation and place of residence or residence of the accused.
2 The decision also contains the decision on the basis of Article 26 ed. In the case of a judgment as referred to in paragraph 1 of that Article, the order shall state the sentence and the offence according to the legal definition in respect of which the sentence was imposed, stating about which time and where on the spot it was committed.
1 The court shall forward the order with the documents to the public prosecutor's office without delay.
2 The order shall be served on the accused in person, unless it has been taken and sent to the defendant in a copy received after the hearing. In the latter case, the judge of the award shall act as an act. At the time of award or service, the accused shall be made aware of the powers assigned to him in the course of the award. Articles 30 and 31 .
1 The accused shall have jurisdiction within three weeks of the date of the decision, which shall be awarded on the occasion of his hearing, or within three weeks from the date on which the order was notified to him in person, a statement of his or her opinion. -to reject any objection. Articles 449-452 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
2 Equal jurisdiction shall be granted to the public prosecutor's office within two weeks of the day on which the decision is made.
The public prosecutor ' s office and the accused can renounce the power to issue a statement of objection. Article 454 of the Code of Criminal Procedure shall apply mutatis mutandis, except that the public prosecutor's office and the defendant may, on the occasion of the presentation of the copy of the decision on the occasion of the hearing, be able to waive the jurisdiction of the competent authority to make a declaration of appeal; in that case, the court shall be made up of the act.
1 The decision shall expire by a statement of objections.
2 The decision shall also lapse if it has not been written or served within three months of the date of its day's service.
3 When the deadline, in Article 30 said, has passed without a statement of objection, or as much earlier as both by the public prosecutor and the defendant has been surrendered to the authority to issue a statement of objection, is the decision as a final judgment of the Special Court, against which no ordinary appeal is open.
1 The Suspect may be heard at the hearing of the Special Supreme Court on his person and his personal circumstances.
2 For that purpose, if the defendant is not present at the hearing on the given day, both at the outset and during the course of the proceedings of the case, may the Special Court of Justice order that he may, in a case shall be present at the hearing and, for that purpose, also order his joint application.
3 The provisions of Article 310 of the Code of Criminal Procedure shall be treated in cassation by analogy, with the exception that that is determined by the Court of Justice and the D.A. for the Special Supreme Court and the Court of Justice. "Attorney General".
4 If the Special Supreme Court considers a further investigation into the circumstances, including the offence, or subject to the person or personal circumstances of the accused, the Articles 316 and 317 of the Code of Criminal Procedure where the Court of Justice, the Public Prosecutor and the Court of Justice, is to be applied mutatis mutandis to the Special Supreme Court, the Attorney General of that court and the Court of Justice, as regards the Court of Justice, the State Prosecutor and the Judge-General. Judge-Commissioner of the Special Court of Justice, which gave judgment at first instance.
If an investigation is considered to be Article 33, fourth paragraph , intended, also leads to the judgment, that the accused is not punishable, the Special Supreme Court may dismiss the accused of legal proceedings.
If only the accused appeal has been lodged in cassation, he may, in respect of what has been proven to have been proven at first instance, only be ordered to pay a more serious sentence, only by unanimity, than in the case of the judgment. of the special court has been imposed.
1 By way of derogation from the provisions of Article 471, first paragraph, of the Code of Criminal Procedure be done both in the there and also in the Article 472, first and second paragraphs, of that Code the case referred to, the reference to a special court.
2 What to do with the Articles 473 and 476 of that Code The Court, which shall be the subject of a reference to the Court, its President and the Advocate General, shall, in respect of the special court, its chairman and the prosecutor, be of the same kind as to the Application.
1 By way of derogation from Article 482g of the Code of Criminal Procedure , in the case referred to, the reference to a special court shall be made.
What to do with Article 482g of the Code of Criminal Procedure The court, the chairman and the prosecutor shall, in the case of the special court, the chairman and the prosecutor of the court of justice, be assigned to the court, as well as to the articles referred to therein. applicable mutatis mutandis.
The War Criminal Law also applies in the public bodies Bonaire, Sint Eustatius and Saba, except that for application of the law. Article 3, parts 1 ° to 3 ° , and 12, second and fifth members , from the Law of War Criminal Justice instead of "the empire in Europe" is read every time: The Netherlands.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 10 July 1952
JULIANA.
The Minister of Justice,
H. MULDERIJE.
The Minister of War,
C. STAF.
The Minister of the Navy,
C. STAF.
Published the sixteenth of July 1952.The Minister of Justice,
H. MULDERIJE.
