Murder (Dutch law)

By Dutch law, murder (moord) is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law allows. A common misconception is that the maximum sentence is 30 years (20 until 2006): this is the longest sentence that can be imposed other than life imprisonment.

A life sentence is given 4 to 5 times a year on average and currently over 30 people are serving a life sentence in the Netherlands. They will all die in prison unless given parole by the King (or Queen) of the Netherlands. The average sentence is 12 to 15 years. In addition to a prison sentence, the judge may sentence the suspect to TBS, or terbeschikkingstelling, meaning detention in a psychiatric institution, sometimes including forced treatment.

TBS is imposed for a number of years (most often in relation to the severity of the crime) and thereafter prolonged if deemed necessary by a committee of psychiatrists. This can be done indefinitely, and has therefore been criticized as being a life sentence in disguise. Voluntary manslaughter (doodslag) is punishable by a prison sentence of up to 15 years, or life imprisonment when committed during the commission of a crime or as an act of terrorism. Involuntary manslaughter (dood door schuld) is punishable by a prison sentence of up to two years. If involuntary manslaughter is caused by recklessness, the maximum sentence that can be imposed is four years.

Articles

Article 97 prohibits killing or disabling the Queen or Regent. Life imprisonment, maximum imprisonment of 30 years or a fine of the fifth category.^[1] This is a crime against the state security.^[2]
Article 287 prohibits general killing. Maximum imprisonment is 15 years or a fine of the fifth category.^[1]^[3]
Article 288 prohibits killing in order to commit a crime more easily. Imprisonment is either for life, or up to 30 years or a fine of the fifth category.^[1]^[4]
Article 288a prohibits terroristic killing. Imprisonment is either for life, or up to 30 years or a fine of the fifth category.^[1]^[5]
Article 289 prohibits murder, which is killing with intention and planning. Imprisonment is either for life, or up to 30 years or a fine of the fifth category.^[1]^[6]
Article 289a prohibits collaborating with terroristic killing or murder as definied in articles 288a and 290 respectively. Maximum imprisonment is 10 years or a fine of the fifth category.^[1]^[7]
Article 290 prohibits a mother to kill her child, in order to prevent others to discover that child's birth, which is defined as child killing (Dutch: kinderdoodslag). Maximum imprisonment is 6 years or a fine of the fourth category.^[8]^[9]
Article 291 prohibits a mother to plan to kill her child, which is defined as child murder (Dutch: kindermoord). Maximum imprisonment is 9 years or a fine of the fifth category.^[1]^[10]
Article 293 prohibits killing someone, if that person asks to do so. Maximum mprisonment is 12 years or a fine of the fifth category.^[1] Doctors in certain circumstances are excluded from this violation.^[11]
Article 294 prohibits insisting someone to commit suicide. Maximum imprisonment is 3 years or a fine of the fourth category.^[8]^[12]
Article 307 enables to sentence someone who can be blamed somebody other's kill (Dutch: dood door schuld). Maximum imprisonment is 2 years or a fine of the fourth category.^[8] Reckless dood door schuld is to be punished with maximum imprisonment of 4 years or a fine of the fourth category.^[8]^[13]

Murder (Dutch law)

Articles

See also

References