Criminal law Flashcards
Preliminary question 1.
validity of the summons indictment ?
–> when the prosecutor describes the offence and the suspect is charged and there is an accurate time, place and statutory provision it is made punishable (art 261 CCP).
–> If there is no proof/issue the court will declare it null and void art 310 PC.
–> however, if there is an issue but there is a lack of jursidiction, bar to a prosecution, or suspension towards the prosecution. This will only follow if there is an issue and will continue. Art 349
Preliminary question 2.
the courts competence which type of court
ex. if something happened in Groningen it would fall in the territorial jurisdiction of the North Netherlands District Court.
ex. if a individual was charged of destruction look at article 350 of the Penal Code is a serious offence , it is in book 2 of the Penal Code. This type of court depends on the location so if it is in NL it will be the district court, sector criminal law who is competent to listen to the case. Look at article 45 JOA.
ex. to rely to the court an individual can follow “absence of all guilt/ innocence agent” (milk and water judgement). The individual can be excused for his error if the individual didn’t know anything.
Preliminary question 3.
is the prosecutor admissible?
if the individual is under 12 the prosecutor is not admissible in prosecuting him, as children below 12 cannot be held criminally liable in the Netherlands. The prosecutor would therefore lack the legal basis to bring the case to court.
Preliminary question 4.
grounds for suspending the case/defendant mentally capable?
ex. if the individual is underage this would prevent prosecution and the court would not proceed to trial.
Fundamental question 1. art. 352
can be proven if the individual committed the offence if there is a issue it will be acquittal?
ex. if the individual committed the crime in Groningen but it was in Amsterdam and you cannot prove it was in Groningen IF YOU CANNOT PROVE THE UNLAWFULNESS IT WILL LEAD TO ACQUITTAL
Fundamental question 2. art 351
do facts constitute statutory criminal offence if it is not an offence there will be a dismissal
Fundamental question 3. art 351
is the defendant punishable you have to check if it is a justification or just an excuse check art 352 ?
Requirements for criminal liability human conduct, statutory offence if unlawfulness became a component it cannot be proven.
Fundamental question 4. art 352
which sanction principle penalties, art 9(a) PC, additional penalties, art 9(b) PC
Penal Code
Penal Code (criminal liability)
Book 1 (general provisions)
Book 2 (serious offenses)
Book 3 (minor offenses or infractions)
Article 307
Any person who, through negligence, causes the death of another person shall be liable to a term of imprisonment not exceeding two years or a fine of the fourth category → (sometimes a medical professional has somebody die on operation table)
