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Decision of 22 December 1943 laying down the Decision of Extraordinary Criminal Law
We WILHELMINA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
On the nomination of Our Ministers for Algemeene Wars of the Kingdom, of Algemeene Affairs, of Foreign Affairs, of Justice, of Domestic Affairs, of Education, Arts and Sciences, of Finance, of War, of Marine, of Water State, Trade, Industry and Shipping, of Agriculture and Trade, of Social Affairs, of Colonies and of Our Ministers, without Portfolio, of 10 December 1943, N ° 2722 /G. 92 ( A );
Whereas the security of the State makes it urgently necessary to lay down the special provisions of criminal law for the trial of certain facts committed during the time of the present war, in such serious cases as to be punitive, that their criminality should be brought to an agreement, without recourse to the provisions of the Article 1 of the Code of Criminal Law Admission to that trial must be made;
The Buitengewonen Council heard the Opinion;
Have found good and understand:
The provisions of this Decision shall apply to the crimes committed during the time of the present war before 15 May 1945, as defined in:
1 °. one of Titles I and II of the Second Book of one of the Articles 137 A , 137 b. 205 and No 278 of the Penal Code , one of Titles I and II of the Second Book of Article 150 of the Code of Military Criminal Law or one of the Articles 26 , 27 and 27 A of this Decision;
2. one of the Articles 141, 145, 148-151, 157, 159, 161, 161 Bis, 162, 164, 166, 168, 170, 172, 179, 242-250, 250 : 279, 281-283, 284, first paragraph, below 1 °., 285, 287-289; 300-304, 363 and 365 of the Penal code , if the culprit has made use or has threatened to make power, opportunity or means, commands to him by the enemy or by the fact of the enemy occupation;
3 °, from Articles 131 to 134, 189 and 416-417 Bis of the Penal code or one of the Articles 143 and 146 of the Code of Military Criminal Law On the understanding that, where the articles of criminal offence or offence are spoken, these only mean a crime, if it is below 1 °. or 2 °. Intended.
In the case of the offences referred to in the preceding Article, the provisions of the rules of procedure laid down in the preceding Article shall not be taken in respect of such a case. Penal Code of the European Union and those implementing it, and, subject to the exceptions to that Code, the provisions of the criminal law applicable, subject to the provisions of the Penal Code of the European Union It is the military jurisdiction of the military, including the military force, including the Decision on the Special Court of Justice the court appointed shall be understood to be the legal authority of that court.
The provisions of Article 1 of the Code of Criminal Law does not remain applicable for the operation of this Decision.
1 Without prejudice to the provisions of Articles 2 to 8 of the Penal code and in the Articles 4 and 5 of the Code of Military Criminal Law is the Dutch criminal law applicable to any person who has committed himself or makes it outside the State in Europe:
1 °. a crime, defined in Article 278 of the Code of Criminal Law or one of the Articles 26 , 27 and 27 A of this decision, or a crime, as referred to in Article 1, below 2 ° ., of this Decision, if the fact has been committed against, or in relation to, a Dutchman or a Dutch legal person, or if any of the Dutchman's interest is or could be affected by it;
2 °. a criminal offence, as defined in one of the Articles 131-134 Bis, 189 and 416-417 Bis of the Penal code On the understanding that, where such articles of criminal offence or crime are spoken, they are defined only as a criminal offence, as defined in one of the articles 92, 97, 97, 97, 97, 97, 97, 97, 97, 97, 97, 97, A , below 1 °., 105 and 108-110 of the Penal code -or a crime of under-1. Intended.
2 The Dutch penal code is equally applicable to the Dutchman, who has been guilty of or makes a single crime outside of the State in Europe, in Article 1 Mentioned.
The provisions of Article 17 of the Code of Military Criminal Law does not remain applicable for the operation of this Decision.
By way of derogation in so far as Article 23, fifth and sixth paragraph, of the Penal Code the duration of the replacement detention shall not exceed one year and in the cases referred to in paragraph 6, not exceeding one year and four months.
For the application of Article 27 of the Code of Criminal Law shall be kept, ordered or renewed by reason of the following: Decision of political delinquencies in 1945 As is prematted.
1 By way of derogation in the case of the provisions of the Articles 28 and 29 of the Code of Criminal Law and in Article 35 of the Code of Military Criminal Law may be debuned from the rights, stated in Article 28, first paragraph, below 1 °., 2 °., 3 ° . and 4 °. of the First Code, shall be pronounced in all cases of convict on account of any crime, in Article 1 Mentioned.
2 Under the office of office or of certain posts, as referred to in Article 28, first paragraph, under 1 ° of the Criminal Code , for the purposes of this Decision, it is not understood that work under employment is carried out by contract of employment under civil law by or because of the State or any public body.
3 Zooful employment of a contract of employment governed by civil law shall be carried out only in subordinate and non-responsible functions.
4 In all cases, as referred to in paragraph 1, the guilty plea may be taken from the right to exercise certain professions or groups of professions or to hold certain functions or groups of functions, for which he shall be in the opinion of the judge is missing the dignity or reliability that is required in the general interest.
By way of derogation from the provisions of Article 31, first paragraph, of the Code of Criminal Law where the dismissal of rights is pronounced, the court shall determine the duration as follows:
1 °. In case of sentence to life imprisonment, for life;
2. in the case of a temporary prison sentence, to military detention or to detention, for a period of time of the main penalty exceeding, at least five years above, and to the highest for life;
(iii) in the event of a fine, for a period of at least three years and for the most part of life.
1 Without prejudice to the provisions of Article 33 of the Code of Criminal Law The judgment may also be forfeited to certain cases, to the sentenced persons, of which it is likely that they have been acquired or retained in the event of an abuse of the special circumstances.
2 Where the case is not or no longer belonged to the sentenced person, it shall be possible to express an equal statement of forfeitation in respect of the rights of third parties, in good faith, in respect of which the judgment may be taken.
In the event of any offence, to which the provisions of this Decision apply, because the guilty party has used or has threatened to make power, opportunity or remedy, to him by the enemy or by the fact of the enemy occupation The judge must state that no punishment shall be applied if it is apparent that the guilty party has committed the fact of preventing, obstructing or distorting the enemy or by or because of the enemy or his helpers.
1 The guilty plea to a crime, to which the provisions of this Decision shall apply, may be condemned:
1 °. if on that offence at the time of Penal code jail term of 15 years or more, to life imprisonment or for a temporary period of up to 20 years;
2 °. if on that offence at the time of Penal code imprisonment of less than 15 years but more than seven years and six months, imprisonment of not more than 20 years;
3 °. if on that offence at the time of Penal code imprisonment of not more than seven years and six months but more than two years and six months has been lodged, to the double of the sentence imposed thereon;
4 °. if on that offence at the time of Penal code imprisonment of two years and six months or less or imprisonment, up to a maximum of five years imprisonment,
Without prejudice to the possibility of imposition of a heavier penalty, which shall be the case in the case of a Penal Code of the European Union had been allowed to commit the crime.
2 In addition to or instead of other punishments, the court may impose fine. The maximum amount of the fine to be imposed shall be of the fifth category. If the judge decides that the guilty party has enriched the special circumstances, this amount may be increased to the triplicate of the sum of enrichment estimated by the judge.
By way of derogation from the provisions of the Articles 45 , second and third paragraphs, and 49, first and second member, of the Penal Code In the event of an attempt at or abetting a crime, the same main punishments may be imposed on the same limits as the criminal offence.
1 The compression to a single crime, in Article 1 It will be punished as the crime.
2 However, criminal proceedings are ruled out against the participant in some collusion, which, before the State is known to exist, gives notice to it in such a way that, as a result, the offence is committed. shall be prevented. This provision does not apply to him, from wien, that he is the semitrailer.
By way of derogation from the provisions of Article 60 (1), of the Penal code In those cases, the penalties for the removal of the same rights shall be settled in one sentence, in duration the main penalty or main penalties shall be given at least five years beyond the time and the highest for life, or if any other person has the right to apply the same rights. (i) the penalty is imposed on a fine of at least three years and no more than a penalty for life.
1 The provisions of Article 68, first paragraph, of the Penal Code continues to be out of application, unless it is wised down from a Decision on the Special Court of Justice A judge appointed judge of a Dutch judge or a judge outside the Kingdom comes from the State.
2 The provisions of Article 68, second paragraph, of that Code shall not be applicable to such proceedings as would be contrary to the content or scope of an agreement, and to the conclusion of an agreement with a foreign power.
3 However, in the cases where the particular Article 68 of the Code of Criminal Law for the purposes of this Decision, shall remain outside the scope of the court ruling that the time of custodial sentence or the amount of the fine has been paid or paid by the sentenced person before the execution of that judgment; in accordance with his earlier judgment on the same fact, to be deducted in whole or in part in the execution of the temporary custodial sentence or fine imposed on him; as regards the amount of the fine, as necessary, statement to be determined.
4 He, on the basis of a judgment of an Tribunale on which the request was executed, is a special measure, as referred to in Article 4 (2). Article 1 of the Tribunaldecision The provisions of this Decision shall apply to a criminal offence subject to the provisions of this Decision, except in the case of a criminal offence. Article 12 of the Code of Criminal Procedure Not to be prosecuted, then with the permission of the Minister of Justice of the European Communities.
The provisions of Article 75 of the Code of Criminal Law shall not apply in respect of the execution of the penalty of a fine and forfeita declaration.
Where, in general or in any other criminal offence, a particular offence is given in particular, for the purposes of this decision, it shall be combined to include such offence in the case of such offence, in the case of such offence, to the effect of such offences. non-indivisible provision; without prejudice to the provisions of Article 78 of the Code of Criminal Law .
Where in the Penal code 'Land regeting form', the governing bodies referred to in the seventh section of the Second Chapter and the Fourth, Fifth, Sixth and Eleventh Chapter of the Constitution .
The public authority shall be understood to mean the Netherlands sovereign authority, including even organs.
A Dutch legal person is defined as a legal person whose establishment is situated in the Kingdom which is controlled solely or partly by one or more Dutchmen, or whose capacity is wholly or more Dutch. or be partly entitled.
Where in the Articles 44 , 249 and 365 of the Penal Code Shall be treated as any official, official or other person working for the civil or military authority of an enemy power, either in fasting or in a time-like service or in any other way other than that of an enemy. -of service, without prejudice to the provisions Article 84 of the Code of Criminal Law .
Under the enemy aid is to be understood as promoting or spreading enemy propaganda, making it available to the enemy of any money or good, the carrying out of a single act against the enemy and preventing it, obstructing or distorting any measure directed against the enemy.
1 Under the age of wartime war, the time of the house is war against the Kingdom, and it also includes time, in which that war was imminent.
2 Under a crime committed during the time of the present war, it is also understood that the guilty person committed the offence in the face of war against the Kingdom of the present, the present of which he is the second.
1 True in the Articles 101 and 205 of the Code of Criminal Law A court of martial law is being treated as a public service or a public service.
2 For the purpose of applying this Decision to an ally of the State in the event of a war among strangers, the service or public service shall not be understood for the purpose of applying this Decision.
1 Under an ally of the State in the present, communal war is understood to mean any non-enemy power, any other non-enemy, recognized by our recognized regime and any non-enemy power, Organized military force, warfare, or hostilities, which is being used against an enemy power.
2 By way of derogation in so far as Article 75 of the Code of Military Criminal Law the functioning of that article shall not be limited by the condition, that by law or treat return they shall be guaranteed.
1 He, who during the time of the present war deliberately exposes any other to the search, prosecution, deprivation of liberty or limitation, some punishment or measure by or because of the enemy, his helpers or a person, as in Article 21 It shall be punished by imprisonment for a maximum period of five years.
2 The guilty shall be punished with imprisonment for up to ten years if the fact of freedom of liberty has been caused by deprivation of liberty for more than one month.
3 The culprit shall be punished with imprisonment for up to twenty years if the fact of the offence has caused serious bodily injury.
4 The guilty shall be punished with a life sentence of not more than twenty years, if the fact of death or the missing person, from which he is reasonably dead, shall be killed. as a result.
5 Not punishable is he, who has committed a fact for the purpose of answering to our given statutory regulations or to serve the public interest.
He, who during the time of the present war deliberately makes use of, or threatens to make use of power, opportunity or remedy, offered him by the enemy or by the fact of the enemy occupation, in order to make another in his capacity unlawful. penalised or to be unduly favoured by other means, it shall be penalised by imprisonment not exceeding 15 years.
1 He who, for the time of the present war in martial law, state or public service at or from the enemy, is guilty of any war or other crime against the humanities as referred to in Article 6 (2). (b) or (c) of the charter, which was the subject of the London Convention of 8 August 1945, made known by our decision of 4 January 1946 ( State Sheet no. G 5), where such offence also contains the files of a criminal offence subject to this Decision or to the Penal Code of the European Union applies, punished with the penalty imposed upon it.
2 If such offence does not also contain the file of a criminal offence under the law of the Netherlands, the offender shall be punished by the sentence imposed on the fact according to the Netherlands law, with which it is most of the agreement.
3 With the same penalty as referred to in paragraphs 1 and 2, the person shall be punished by means of a person who, intentionally, admits that one of his minders is guilty of a criminal offence.
The Articles 26 , 27 and 27 A punishable offences shall be considered as crimes.
1 This decision, in respect of which jurisdiction, as provided for in Article 9 (2) of the Decision, cannot be exercised, shall enter into force on the day of its notice.
2 It may be cited in the title: Decision Extraordinary Criminal Law.
Our Minister of Justice has been entrusted with the implementation of this decision, which is State Sheet will be placed.
London, the 22nd December 1943.
WILHELMINA.
The Minister for Algemeene Judgment of the Kingdom,
P.S. GERBRANDY.
The Minister for Algemeene Affairs a.i.,
OF BOUIJEN.
The Minister for Foreign Affairs,
E. N. VAN KLEFFENS.
The Minister of Justice,
FROM FEAR.
The Minister for Internal Affairs,
OF BOUIJEN.
The Minister of Education, Arts and Sciences,
G. BOLKESTEIN.
The Minister of Finance,
J. VAN DEN BROEK.
The Minister of War,
FROM LIDTH DE JEUDE.
The Minister of the Navy,
J. TH. FURSTNER.
The Minister of Water,
J. W. ALBARDA.
The Minister for Trade, Industry and Shipping,
I WANT YOU TO KNOW THAT
The Minister for Agriculture and Visscherij a.i.,
I WANT YOU TO KNOW THAT
The Minister for Social Affairs,
J. VAN DEN TEMPEL.
The Minister of Colonies,
H. J. VAN MOOK.
The Minister Without Portfolio,
E. MICHIELS OF DUCHINS.
The Minister Without Portfolio,
J. A. W. BURGER.
Issued the celebrated September 1944.The Minister of Justice,
G. J. VAN HEUVEN GOEDHART.
