THE WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS THE NETHERLANDS Alexis A. Aronowitz International Police Institute University of Twente This country report is one of many prepared for the World Factbook of Criminal Justice Systems under Bureau of Justice Statistics grant No. 90-BJ-CX-0002 to the State University of New York at Albany. The project director was Graeme R. Newman, but responsibility for the accuracy of the information contained in each report is that of the individual author. The content of these reports do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U. S. Department of Justice. General Overview 1. Political System. The Kingdom of the Netherlands, as defined by the Constitution, includes the Netherlands, Aruba, and the Netherlands Antilles. (All statistics in this report are provided only for the Netherlands.) The Netherlands itself is divided into 12 provinces and 672 municipalities. Each province has an elected representative body known as the Provincial States. (Hunter, 1991: 905). The Netherlands is a constitutional and hereditary monarchy. The Crown is passed down to the monarch's first born child, male or female. The central executive power is vested in the Crown. The Crown appoints the 28 members and is president of the Council of State (Raad van Staat). However, daily executive operations are carried out by the vice-president. The central legislative power is vested in the Crown and Parliament, comprising two bodies or chambers (Staten-General). The first or upper chamber is elected by the members of the Provincial States; the second or lower chamber is elected by general vote by all Netherlands citizens who have reached voting age. Members of both chambers serve 4 years and retire as a body. The Crown has the power to dissolve one or both chambers providing a new election takes place within 40 days and the new chamber(s) is (are) assembled within 3 months. Both the Second Chamber and the Crown can propose bills; the First Chamber may only approve or reject the bills without amending them. Legislation is prepared by the appropriate Ministries, of which there are 13, not including the Prime Minister. The role of the Ministry of Justice, in addition to proposing relevant legislation, is to evaluate legislation by other ministries to ensure its conformance to the Constitution and international law. (Hunter, 1991: 905; Netherlands Ministry of Justice: 6). The most powerful political parties are the Christian Democratic Appeal, the Labour Party, People's Party for Freedom and Democracy, and the Democrats '66. Other smaller political parties hold limited seats in parliament. (Hunter, 1991: 904). The Netherlands has a unitary governmental structure. Operation of the federal police, the Public Prosecutor's Office, and the correctional system all fall under the authority and control of the Ministry of Justice; the municipal police answer to the Ministry of Internal Affairs. The application of laws and legal procedures is consistent across the country. The principal laws which guide the criminal justice system in the Netherlands are the Constitution, the Criminal or Penal Code, the Code of Criminal Procedure and Special Acts. Furthermore, the criminal law in the Netherlands is influenced by European Community law and European treaties. These treaties must be approved by parliament, duly published and incorporated into domestic law. When treaties are adopted by the Dutch parliament they can be applied directly by Dutch courts. (Hoyng, 1992: 1). The criminal justice system is further organized through a number of federal Acts which regulate the police (the Police Act of 1957), the bar association (the 1952 Bar Act), the prison system (the Principles of Prison Administration Act of 1953) and the probation service (1986 Probation Regulation). The Police Act is being rewritten and its implementation is expected by the beginning of 1994. (Tak, 1993: 7) 2. Legal System. The criminal justice legal process is divided into pretrial and trial phases. In the pretrial phase, intrusive measures such as telephone taps, searches of the person or premises are conducted to secure evidence. This is tempered through the provision of an attorney and notification to the suspect of the development of the case. The trial phase can be described as an accusatorial process. The purpose of the trial is to discover the truth. The court trial lacks some elements of a purely adversarial process in that while it is the judge who asks questions at the trial, attorneys are only allowed to ask supplementary questions, cross-examination does not exist. (Tak, 1993: 14). Court decisions serve as a guideline for lower courts. However, there is no mandatory provision for a higher court's decision to be legally binding upon a lower court. In practice, though, lower courts will follow the decisions handed down by the Supreme Court. A reversal of a judgment of a lower court case by the Supreme Court does not alter the judgment of the case just reviewed, but it does affect subsequent judgments. (Netherlands Ministry of Justice, 1990a: 9,12). Prosecutors have almost omnipotent powers to settle cases outside of court through the use of the conditional waiver and transaction. Both measures are procedural options available to the prosecutor and to the police, although on a much more limited basis. These measures can be used to dispose of cases without having to bring them to court. The conditional waiver resembles an informal system as few conditions exist within it to limit prosecutorial decisions. The prosecutor has an almost unlimited flexibility in the conditions assigned to the accused (more so than the options available to the judge when handing down a sentence or attaching specific conditions when handing down a suspended sentence.) (Van Kalmthout and Tak, 1992, p. 685). While transaction exists as a means of keeping the accused out of the formal court system, detailed legislative regulations exist to restrict the transaction procedure. (For a thorough explanation of conditional waiver and transaction, see Van Kalmthout and Tak, 1992, pp 680-691.) 3. History of the Criminal Justice System. The French Napoleonic Penal Code was the governing body of law in the Netherlands between 1810 and 1886. With the foundation of the Kingdom of the Netherlands in 1813, the Constitution stipulated that Codes shall regulate substantive and procedural criminal law. Numerous attempts to draft a penal code were presented to the parliament. However, a lack of agreement on a system of sanctions prevented any of these drafts from being adopted. The Dutch Criminal Code (also referred to as the Penal Code), which contained elements from the French, English and German systems, was adopted by parliament in 1886. It emphasized imprisonment as the principal disposition for serious, intentional criminal offenses. Less serious offenses and infractions were given sentences of detention. While the Criminal Code provided for a system of fines, the fines were intentionally kept so low by the legislators that this virtually prohibited them from being handed down, except in the most minor cases. Even with an emphasis on incarceration, sentences remained short and the Netherlands penal system was, and still is, characterized as a relatively lenient system. (Tak, 1993: 5;.van Kalmthout, 1992: 663). The Criminal Code remained relatively intact until 1945. Since that time reforms have been introduced which have created new criminal offenses (e.g., hijacking, environmental pollution, computer-hacking, invasion of privacy and discrimination) and have decriminalized other acts (e.g., adultery, consensual homosexual acts between an adult and a juvenile over the age of 16). Major reforms in the philosophy of punishment and the actual sanctions were introduced into the Criminal Code after 1945. One of the most important was the 1983 Financial Penalties Act, which expanded the court's ability to apply financial and accessory penalties. This introduced a shift in punishment philosophy from an emphasis on deprivation of liberty to a preference for fines and other penalties. Other reforms included introduction of suspended sentences (1986), automatic release from prison after having served 2/3 of a prison sentence longer than one year (1986), and the introduction of community service as a principal penalty (1989). (Tak, 1993: 3). Additionally, since not all crimes have been included in the Criminal Code, other statutes have been enacted and by-laws passed, which also cover criminal offenses. The main statutes are the Narcotics Drug Act of 1928, the Road Traffic Act of 1935, the Economic Offenses Act of 1950, and the Arms and Munitions Act of 1989. Violation of any of these statutes, laws, or by-laws constitutes a criminal offense with the exception of minor traffic violations, which constitute an administrative infraction amounting to a small financial penalty. (Tak, 1993: 4). The French Napoleonic Code of Criminal Instructions served as the predecessor to the Dutch Code of Criminal Procedure. The Dutch Code, reflecting the Napoleonic Code with some modifications, was adopted in 1838. This inquisitorial code remained intact, despite numerous reform attempts, until 1926, when it was supplanted by the present Code of Criminal Procedure. Reforms introduced since 1945 have included the 1974 Act on Pretrial Detention and a 1983 reform introducing the "transaction." The transaction gives the prosecution the authority to decide on an out-of-court monetary settlement for an offense whose maximum penalty is 6 years, if the offender agrees to pay a certain amount of money to the Treasury. Other major influences on the Dutch Code of Criminal Procedure have been introduced through the European Convention for the Protection of Human Rights and Fundamental Freedoms (ratified 1954) and the International Covenant on Civil and Political Rights (ratified 1979). Neither document requires parliamentary ratification for implementation in Dutch courts. These documents supersede all other Dutch law. Other European Conventions concerning procedural law are to be found in the conventions on the Mutual Assistance in Criminal Matters, on Transfer of Proceedings in Criminal Matters, on Extradition, on the International Validity of Criminal Judgments, and on the Transfer of Sentenced Persons. In addition, the European Court of Human Rights in Strasbourg, France, also determines the standards (anonymous witnesses, habeas corpus, undue delay) to be applied in Dutch courts. (Tak, 1993: 5-6) Specific acts also determine procedural law. The Economic Offenses Act and the Narcotic Drugs Act dictate the procedural application of search and seizure in these specific instances which deviate from the standard established in the Code of Criminal Procedure. CRIME 1. Classification of Crime. * Legal classification. All prohibited acts are classified either as crimes or felonies (misdrijven), infractions or transgressions (overtredingen). The legislature determines whether an offense constitutes a crime or an infraction. (Tak, 1993: 8). Generally, serious offenses involving physical harm are classified as crimes or felonies (murder, intentional homicide, theft combined with violence). The classification of an offense determines the level of the court that will try the case at first instance. In general, transgressions are tried in cantonal courts and crimes are tried in district courts. (Hoyng, 1992: 25). * Age of criminal responsibility. The age of criminal responsibility is 12. Juveniles between the ages of 12 and 18 are subject to the juvenile criminal law. However, judicial discretion may be exercised when taking into account the seriousness of the offense and the personality of the offender. For example, the judge can order a young adult between the ages of 16 and 18 to be dealt with under the adult criminal law. Judicial discretion will also allow young adult offenders between the ages of 18 and 21 to be subject to the juvenile criminal law. (Tak, 1993: 1-2). * Drug Offenses. The revised Opium Act of 1976 dictates drug offenses in the Netherlands. Prohibited by law are drug trafficking offenses: "importation, exportation and transportation" and the sale and production of drugs. The Opium Act (Article 2) further prohibits the "preparation, cultivation, digestion, sale, supply or transport" of prohibited drugs. Drugs are classified by the National Criminal Intelligence Service (Centrale Recherche Informatiedienst), as either hard or soft drugs. Hard drugs include heroin, cocaine, amphetamines, amphetamine oil, amphetamine tablets, methadone tablets, and LSD. Soft drugs include hashish, hashish oil and marijuana. (Statistical Yearbook of the Netherlands 1993, 1993: 403; Leuw, 1991: 2). While it is a criminal offense to sell or deal in both hard and soft drugs, the enforcement policy differs with soft drug use. The sale and use of small amounts of soft drugs, usually under 30 grams, is tolerated in coffee houses throughout the Netherlands. Additional restricted drugs are detailed in the Opium Act of 1976 under lists one and two. (Opiumwet, VII, 1992: 201-204; Leuw, 1991: 2). 2. Crime Statistics. * Murder. In 1991, there were 216 completed and 2,070 attempted homicides. The rate for completed murder and manslaughter offenses was 1 per 100,000 population. The rate for attempted murder and manslaughter was 14 per 100,000. (Department for Statistical Information and Policy Analysis, Registered Crime in the Netherlands, 1991: Table 1: Crimes known to the police in the Netherlands; Table 2: Crimes known to the police in the Netherlands per 100,000 inhabitants. Police statistics report homicides and do not differentiate between the legal definitions of murder and manslaughter--and exclude the category of "culpable homicide or grievous bodily harm.") Article 289 of the Criminal Code states that anyone who intentionally and after premeditation takes the life of another is guilty of murder and shall be subject to a life sentence, a prison sentence not exceeding 20 years, or a fine of the fifth category - 1,000,000 Dutch guilders. (Tak, 1993: 10). The Dutch Criminal Code recognizes the principle of maximum punishment, or maximum sentence a judge can impose for a given offense. While the criminal code, in theory, allows for the imposition of a fine in serious violent offenses, in practice this option is rarely used. More common in cases of murder and particularly violent sexual offenses is the imposition of "TBS" (ter beschikking stelling). TBS is often imposed in addition to a prison sentence. After having served time in a correctional facility the inmate is transferred to a mental institution. While the individual must undergo regular reviews to determine if (s)he is able to be released, TBS can be imposed indefinitely and the individual can be held for the remainder of his or her natural life. * Rape. In 1991, the police reported 1,333 incidents of forcible rape, at a rate of 9 per 100,000 population. Attempts are included. (Department for Statistical Information and Policy Analysis, Table 1: Crimes known to the police in the Netherlands, Table 2: Crimes known to the police in the Netherlands per 100,000 inhabitants. In police statistics, rape is one sub-category of a larger category of sexual offenses.) Article 242 of the Criminal Code states that a person is guilty of forcible rape if through the use of force, threatened use of force or another act of violence forces the sexual penetration of the body of another. The punishment for forcible rape is a maximum prison sentence of 12 years or a fine of the fifth category (1,000,000 Dutch guilders). * Serious Property Crime. In 1991, there were 472,130 aggravated thefts, at a rate of 3,145 per 100,000 population. Attempts are included. As reported in the police statistics, aggravated theft is an administrative definition based upon an aggregate of theft offenses listed in the Dutch Criminal Code. (Department for Statistical Information and Policy Analysis, Table 1: Crimes known to the police in the Netherlands; Table 2: Crimes known to the police in the Netherlands per 100,000 inhabitants). Aggravated theft is defined as the taking away of any goods which belong to someone else, with the intention of unlawfully possessing said goods. This crime includes theft with breaking and entering premises and other aggravated theft (to include theft with violence and other aggravated theft). (Tak, 1993: 11). * Serious Drug Offense. In 1991, there were 4,261 drug offenses of which 3,580 were hard drug offenses and 681 were soft drug offenses. The rate of hard drug offenses was 24 per 100,000 population and the rate of soft drug offenses was 5 per 100,000 population. Attempts are included. (Department for Statistical Information and Policy Analysis, Table 1: Crimes known to the police in the Netherlands; Table 2: Crimes known to the police in the Netherlands per 100,000 inhabitants). The category of drug offenses registered by police is an administrative definition which reflects only the number of offenses in violation of the Opium Act, in which offenses are categorized as hard and soft drug violations. * Crime Regions. The crime rate is highest for the western, most urbanized part of the country, consisting of four regions with a high concentration of cities, known as the Randstad. Densely populated, large cities have the highest victimization rates, especially for violent crimes, threats and property offenses. In large cities, crime is concentrated in "neighborhoods characterized by weak internal social relations and a high level of decay." (Eijken, 1992) Crime is particularly high in Amsterdam, the Netherlands' largest city, accounting for 50% of all street robberies, 25% of all other robberies, 25% of the auto thefts and over 25% of bicycle thefts. (Eijken, 1993) VICTIMS 1. Groups Most Victimized By Crime. Since 1980, a national victimization survey has been conducted in the Netherlands every 2 years. A general pattern has emerged concerning victimization rates. Young people are at greater risk of victimization of bicycle theft, threat and assault than are the elderly. Young females are at greater risk of sexual assault than young males, whereby young males are at greater risk of being threatened. (Eijken, 1992; National Victimization Survey, 1993) A victimization study conducted in the cities of Amsterdam and Rotterdam looked at victimization among foreigners (Turkish, Morroccan and Surinamese) and compared these results to a national survey of Dutch crime victims. The results indicate that the foreign population had a higher overall victimization rate than the Dutch sample. That is, 68% of the foreign population sample had been victimized compared to 47% of the Dutch sample. The discrepancy in victimization rates held for both property and violent crimes. Sixty percent of the foreign population sample were victims of property crimes as opposed to 43% of the Dutch sample and 21% of the foreign sample were victims of violent crimes as opposed to 9% of the Dutch sample. (Ministry of Internal Affairs, 1993: 105) 2. Victims' Assistance Agencies. The Ministry of Justice, through the National Victim Support Organization, subsidizes local victim support programs, called Victim Support Bureaus (Buro's Slachtofferhulp). These bureaus provide assistance to victims of crime and traffic accidents. Volunteers and paid professionals provide financial, material, psychological, and emotional assistance to victims of crime. There are a total of 67 programs nationwide. In 1990, the largest percentage of referrals to the Bureaus came from the police or justice system. A separate foundation, the Victim Assistance Fund (Hulpverlening aan Slachtoffers or HAS fonds) also provides material assistance to individuals, businesses and institutions victimized by crime. (de Beer, 1992: 173-174). 3. Role of Victim in Prosecution and Sentencing. The role of the victim in the criminal justice system is limited to that of the witness or informer in the pretrial phase. However, the victim does have limited power to initiate criminal proceedings against an offender. If the police deal with a case informally, the victim can file a complaint with the public prosecutor's office to review the police decision. If the case is disposed of informally at the prosecutorial level, the victim (or any other person with a direct interest in the prosecution of the case) may file a written complaint with the Court of Appeal. If the court feels the prosecutor erred in dismissing the case, or misused his power of discretion, the court may order the prosecutor to initiate prosecution. However, court ordered prosecutions are rare. (Tak, 1993; 29). The victim does not have a right to be heard at the trial, to appeal a decision or to private prosecution. However, the victim does have the right to seek compensation from the offender and may present a private lawyer for this purpose. The state does not provide the victim with legal assistance in this matter. (Tak, 1993; 30). 4. Victims' Rights Legislation. The Criminal Injuries Compensation Fund Act, created in 1975, serves to compensate victims of violent crimes resulting in bodily injuries. Compensation may extend up to 25,000 guilders for material losses and 10,000 guilders for immaterial losses. Decisions concerning claims are made by a national committee whose decision may be appealed to the Court of Appeals in the Hague. (Tak, 1993; 30). A "victim support tax" is under consideration, as of December 1993, by the Minister of Justice. The tax would levy a 5% surcharge on all offenders on fines and out-of- court settlements. (Netherlands Ministry of Justice, 1990b: 72; de Beer, 1993). POLICE 1. Administration. The organization of the police was established through the 1957 Police Act. This act provided for the division of the police into two separate forces: the municipal (gemeentepolitie) and the national police (rijkspolitie). Municipalities with a population over 25,000 have their own municipal police. Rural areas are patrolled by the national police. There are 148 municipal police forces. Duties of municipal police include patrol, criminal investigation, traffic, and special units (e.g. juvenile, immigration matters, special laws, vice), and administrative matters. The degree of specialization is determined by the size of the force. (Van der Vijver, et al., 1992: 79). The Municipal police fall under the supervision of the Minister of Internal Affairs through the provincial governors (ICPR, 1990; 19). The management, control and administration of the municipal police is the responsibility of the mayor. The public prosecutor, however, serves as the senior investigator and is given authority over all criminal investigative tasks of the police in every community. In recent years, the prosecutor has taken a more active role in working with the police on investigations. (Tak, 1993; 20). The national police are a centralized organization under the administrative control of the Ministry of Justice. In addition to specialized units, the national police has the responsibility for providing law enforcement to rural areas. For this purpose they are divided into 17 districts with each district being further divided into smaller sections. Each subsection has between 9 and 53 state police officers working in that area. The responsibilities of these state police officers resemble those of the municipal police. (Van der Vijver, et al., 1992: 79). The national police have several special units. For instance, the Federal Water Police (Rijkspolitie te Water), which is divided into 4 districts, is responsible for police actions on the coastal and territorial waterways. The Aviation Service (Dienst Luchtvaart), is responsible for the patrolling of airports and the investigation of air traffic accidents as well as environmental crimes. The General Traffic Service (Algemene Verkeersdienst or AVD) is responsible for traffic control on the highways. It also maintains all information concerning traffic violations for dissemination to other police stations. (Van der Vijver, et al., 1992: 81; ICPR, 1990: 19). Other Federal Police Units include the Military Police Force (Koninklijke marechaussee), which is led by the Ministry of Defense and is responsible for guarding the borders and other police functions at places under the control of the Ministry of the Defense. The National Criminal Intelligence Service (Centrale Recherche Informatiedienst or CRI) falls under the administrative auspices of the Ministry of Justice. The CRI serves as the national clearinghouse for information on crime prevention and control. It analyzes information, co-ordinates investigations, and assists municipal police at their request. The CRI employs both civilians and detectives and serves as the Interpol National Central Bureau. (ICPR, 1990: 19). The CRI is divided into three departments. The General Administration Department handles administrative matters such as translations, personnel, security and domestic services. The Police Information Department has sections on Information, Circulations, Police Records, Central Fingerprint, and Photography. Finally, the Criminal Investigation Department includes the following branches: Narcotics, Special Unit, Organized Crime, Firearms, Fraud, Counterfeits, Art and Antiques, Stolen Motor Vehicles, and Criminal Intelligence. Other special investigative law enforcement agencies exist at both the municipal and federal levels and are restricted by the types of offenses which they may investigate. For instance, on the national level, the Ministry of Economic Affairs or the Internal Revenue Ministry have special investigative units to deal with matters which are of unique concern to them. (Tak, 1993; 20). The organization of the Dutch police is currently being restructured. Over the last 5 years a new plan was devised and partially implemented. The new Police Law outlining the reorganization of the police and its full implementation is anticipated by January 1, 1994. The changes are expected to have the following results: 1) the integration of both municipal and national police into 25 regional police forces with 450 to 4,500 police officers in each region; 2) one of the mayors of the region will be the administrative head of the police force with the remaining mayors of the region comprising a police board which will serve as the final decision maker on financial and organizational matters; 3) the Minister of Internal Affairs will finance the police and determine minimum standards for the professional and qualitative aspects of police and their services; and 4) there will be one national service ("landelijke politiediensten") responsible for traffic control on waterways and highways, protection of the royal family and other VIP's, and protection of national facilities and telecommunications equipment. This branch will fall under the administrative control of the Ministry of Justice. (Kuijvenhoven, 1992: 44; WODC, 1993: 5).). 2. Resources. * Expenditures. In 1990, the Dutch government spent 3.63 billion Dutch guilders on the police. (Oudhof, 1992: Table 27: Allocation of budgetary resources to criminal justice activities). * Number of Police. In 1991, there were a total of 23,694 police officers of which 6,527 were employed by the state police and 17,167 were employed by the municipal police. Of the State police, 5,084 (77.4%) were employed in rural or "land service". These figures exclude the technical and administrative staff as well as officers in Amsterdam. (Statistical Yearbook 1993 of the Netherlands, 1993: 400). In 1993, female officers comprised an average of 11% of the municipal police departments. The municipal police department with the highest percentage of female officers was the Hague, in which 18.6% of the uniformed police officers and 22% of the civilian employees were female. (Schreuder, 1993). As of July 1, 1991, female officers constituted slightly over 7% of the state police force. The percentage of female state police officers varies from one district to the other, reaching as high as 17% in the "Randstad", which is the highly populated western part of the country, and as low as 4% in another district. The country is striving for an increase its female officers to 25% of the work force.(van der Vijver, et al., 1992: 75). All police officers are Dutch citizens. Information is not available on ethnic origin. 3. Technology. * Availability of police automobiles. Information concerning the exact number of police vehicles is not available. The Logistical Division of the Corps of National Police Services estimates the total number of police vehicles to be about 12,000, including marked vehicles, undercover vehicles, and tow cars. The number of marked police vehicles is estimated to be 5,000. There are fewer cars in service in the northern and eastern regions of the country than in the "Randstad" or densely populated western part of the country. (Hoekstra, 1993). * Electronic equipment. In addition to radar, computer aided dispatch, and radio communications, there are nationwide registration and investigative computer systems. Some examples of these are: the Identification System (HerKenningsdienst Systeem or HKS) which maintains data on persons who have committed criminal offenses, in addition to facts about crimes where no offender has been caught. While the HKS operates on regional levels, they are bound together by the Central Reference Index (Centrale Verwijzings Index or CVI) which indicates the region in which information has been compiled on an individual. The Netherlands Automatic Fingerprints System (Het Automatische VingerAufdrukken Systeem Nederlandse Kollektie or HAVANK) is an automated system where fingerprints from the National Criminal Intelligence Service (Centrale Recherche Informatiedienst) are kept on file. It is capable of identifying partial prints found at a crime scene. At the municipal level, police departments maintain computer systems which compile information on arrestees and on trouble-prone locations. There are systems which contain information on foreigner registration. The Summons Processing System (Bekeuring Afhandeling Systeem or BAS) contains information on individuals with outstanding summons or tickets. Within the Amsterdam police, Mobile Data Terminals (Mobiele Data Terminals or MDT) allow officers using computers in their patrol or surveillance automobiles to obtain information from computers anywhere in the country. (Van der Vijver, et.al., 1992: 86). * Weapons. Throughout the Netherlands, all police officers, barring those assigned to special tactical units, carry the same weapons: handcuffs, a short baton, and a 9 mm. Walter P-5 handgun. Bullet proof vests are also available and are carried in the trunks of many police cars. (Castricum, 1993). 4. Training and Qualifications. Training for all municipal and state police takes place in the same schools. There are five schools around the country, each providing similar education and training. The training period for police officers lasts 20 months and is divided into three phases. The first phase consists of 11 months (including vacations) at the police school where recruits study law, traffic situations, sports (martial arts and swimming), and how to use a weapon. There is also an emphasis on role playing situations in which recruits may later find themselves. The second phase lasts 5 months and involves on-the-job training. The last 3 months are spent back at the police school. Upon completion of the program, recruits are then assigned to work with experienced officers. (Ministry of Internal Affairs, 1991; Castricum, 1993). For management positions starting at the level of "Inspecteur", applicants must have graduated from the highest level high school (V.W.O.) and must pass through a selection process involving a 6-day examination. All applicants attend the Dutch Police Academy at Apeldoorn (Nederlandse Politie Academie). The 4- year study program involves 18 months of academic study (e.g. law) followed by 6 months on probation as a patrol officer, 12 months of academic study in management, 6 months of probation in an administrative position, followed by 6 months preparation for the examination. For outstanding applicants (former street cops) it is possible to attend the management school for a 3-year period. (Schreuder, August 16, 1993). New recruits for the position of patrol officer must be 18 years of age. At the time of their application, they can be 17 and a half years old. They must currently, or within one year, have Dutch citizenship. Graduation from a particular level of high school is required and applicants must have satisfactory grades in Dutch plus a foreign language, mathematics, or biology. Applicants must possess a valid class B driver's license or be able to obtain one within a 3-year period. They must also be in good health. Criminal convictions will disqualify an applicant. The selection process consists of a two-day examination which includes an intelligence and a physical fitness test, as well as interviews with police officers and a psychologist. There is one "selection center" for the entire country. The department with which the recruit desires to work will conduct a background investigation and an interview. The decision to accept or reject the applicant will then be made. (Ministry of Internal Affairs, 1991). 5. Discretion. * Use of force. Individuals have a "guaranteed right to physical integrity" as established by Article 11 of the Constitution. Any infringement of this right is rigidly controlled and must be prescribed by law. Article 33a of the modified Police Code dictates the conditions under which police may employ force against an individual. Self-defense is a further legal authorization for the use of police force, as prescribed by Article 41 of the Criminal Code: "Appropriate force, when possible, preceded by a warning, should be applied only if the objective cannot be achieved by other means". Deadly force may only be used in situations involving a threat to the life or safety of the officer or the public. (Castricum, 1993). (Kruize and Wijmer, 1991: 121). * Stop/apprehend a suspect. Police may stop and question any suspect whom they believe to be involved in a violation of law. Temporary detention is limited to 6 hours before the suspect is either released or arrested. Police may only make an arrest for a crime which they witness in progress. If the police do not witness the crime they make an arrest only if the crime carries a statutory maximum prison sentence of 4 or more years (arrestable offenses). For less serious offenses, the suspect is taken to the station, questioned, and released with a summons to appear in court at a later date. (Tak, 1993: 16). In theory, a higher ranking police official can order detention for 2 days. The prosecutor has the authority to extend the arrest for another period of 48 hours before the suspect must be presented to an examining judge who will determine whether further detention is warranted. In practice, however, detention at the station can last no longer than 3 days as determined by the European Court of Human Rights in 1988. (Tak, 1993: 16; Lensing and Rayar, 1992: 626). * Decision to Arrest. The decision to arrest is made by a senior police officer, who is an officer at the management level of Inspecteur. Officers need an arrest warrant only in situations in which the suspect is in his own or another private home and refuses to allow the officers entry onto the premises for the purpose of an arrest or a search of the house (Schreuder, 1993). Information pertaining to the percentage of warrantless arrests is not available. The majority of arrests are made without warrants, including those which occur after an investigation, as opposed to arrests made for crimes witnessed by the arresting officer. In cases of minor infractions involving first-time offenders, police will release the suspect. This practice is regulated by a formal agreement between the Police and the Public Prosecutor's Office. This agreement, however, is noted in police records to prevent habitual offenders from continuously being released as first-time offenders. Other factors which may influence an officer to deal informally with suspects involved in nonserious violations are the offender's age or the belief that formal processing in the criminal justice system would not benefit the suspect or the system. These are not regulated by departmental rules but are guided by personal beliefs and decided after consulting with a prosecutor (Officer of Justice). (Schreuder, 1993). * Search and seizure. The search and seizure of property is dictated by Articles 94 to 125 of the Code of Criminal Procedure. Under Article 97, the arresting officer can search the apartment or any public places where the offense occurred or where evidence of the offense may exist without a warrant when the suspect was caught in the act or when permission for arrest of a felony offense is outstanding. No search warrant is necessary if the suspect gives permission for the search. (VIII. Wetboek van Strafvordering, Nederlandse Wetboeken - Suppl. 243, Maart 1993). When a search warrant is required, an apartment may be searched only if the police officer is accompanied by any of the following persons: a cantonal court judge, a police commissioner, or the mayor of a municipality. A written search warrant may be issued by the procurer-general of a court, an Officer of Justice (prosecuting attorney), or by special written permission from one of his auxiliary officials (hulpofficier) which also includes a higher- ranking police official at the level of inspecteur. A hulpofficier can only provide a search warrant for another officer, but not for his own investigation. Any articles or objects which aid in establishing the truth or prove unlawfully obtained profit or criminal activity are subject to seizure. (Schreuder, 1993). * Confessions. Confessions must be voluntary and may not be obtained through the use of force, threat, or promises; drugs, alcohol, hypnosis or exhaustion. They are to be taken in the accused's own words (Code of Criminal Procedure, Article 29). If a confession is involuntarily obtained it will be excluded from the trial (Lensing and Rayar, 1992; 627; Schreuder, 1993). During police interrogation, suspects have the right to remain silent and cannot be forced to answer police questions. During the 6-hour detention period, police are allowed to question suspects and may refuse them access to a lawyer. After the 6-hour detention in cases where police make an arrest for an "arrestable" (felony) offense, a lawyer is automatically provided the accused. 6. Accountability. When police are involved in criminal violations of a serious nature, such as corrupt activities, the Federal Criminal Investigation Division (Rijksrecherche) conducts an investigation. They are also responsible for investigating incidents in which the police fire their weapons. The formal decision regarding the outcome of the case will be made by an officer within the Ministry of Justice. Disciplinary infractions are investigated by the police department in which the alleged offense occurred. The mayor makes a final determination on the outcome of the charges. More serious complaints involving a misuse of police discretion (beleidsklachten) are forwarded to the national police (landelijke or plaatselijke) for further investigation. The Amsterdam police have created a special unit, the Commission for Police Complaints in Amsterdam (Commissie voor Politieklachten Amsterdam) to deal specifically with problems involving the misuse of discretion. Similar offices exist in most large city police departments. Additionally, a National Ombudsman exists to examine complaints against the police. Complaints can be filed directly in the office of the Ombudsman. While most complaints are handled by the police, the Ombudsman serves as a form of independent external control. The Ombudsman examines the complaints and can make recommendations but has no authority to enforce these recommendations. (Castricum, 1993; Van der Vijver, et al., 1992: 91). PROSECUTORIAL AND JUDICIAL PROCESS 1. Rights of the Accused. * Rights of the accused. During the pretrial process the accused may file an appeal against the writ of summons and may request, if the case has not been brought to trial, that a competent court formally declare that the case has ended. Another pretrial right is the protection against further prosecution if the defendant enters into a transaction with the prosecutor. (Hoyng, 1992; 26). Plea bargaining, the entering of a guilty plea in exchange for a lesser charge, while not prohibited, is an uncommon practice in the Netherlands. Entering a guilty plea provides no particular advantages to the accused (Hoyng, 1992: 26). The rights of the accused at trial process begin with the right to counsel. The defendant has the right to choose one or more attorneys to represent him but must, in essence, pay for an attorney of his choice. All cases involving deprivation of liberty guarantee the suspect the right to state appointed legal representation if the suspect is unable to afford counsel. The defendant has the right to be present at trial, although this is not required. As long as the defendant has been properly presented with a court summons, he or she is not obliged to be present at the trial. The defendant has the right to remain silent and may not be questioned at the trial under oath. The defense attorney may not cross-examine a witness, but may request the judge to ask questions of a witness. There is no right to cross-examination. The defendant may be found guilty or innocent only of the offense charged. (Hoyng, 1992: 26, 27; Tak, 1993: 13,17) * Assistance to the Accused. If the accused cannot afford an attorney, a request can be made to the District Legal Assistance Council which will assign counsel to represent the suspect. After the initial 6 hour detention in police custody, the suspect is provided legal assistance by the counsel on duty. This will be reviewed by the president of the district court (Tak, 1993: 28). The government pays for Legal Assistance Bureaus which provide free advice to any Dutch citizen seeking legal assistance. In cases involving indigent defendants charged with indictable offenses (those prosecuted in the district courts), the District Legal Assistance Council will assign a lawyer to represent the accused. These counselors are paid a fixed rate by the criminal justice authorities. (Netherlands Ministry of Justice, 1990a: 19). A full bench trial would earn an assigned lawyer a meager fee of about 1,600 Dutch guilders. (Tak,1993: 28) 2. Procedures. * Preparatory procedures for bringing a suspect to trial. The police or prosecutor's office may conduct a preliminary investigation of a crime or suspect. In certain instances, such as in customs or tax violations, other authorities may conduct the investigation. Under oath, the police prepare a report which includes all information and evidence and turn the report over to the prosecutor's office. In limited cases, those in which "police investigations cannot be finalized because specific further measures need to be taken," the prosecutor will request a judicial preliminary investigation by an "Examining Judge" at the District Court level. Other situations are dictated by the Code of Criminal Procedure to act as a check on senior police officers or prosecutors, such as circumstances involving the search of premises. Judicial examinations occur in about 6% of all investigations. (Lensing and Rayar, 1992: 625-626; Pease and Hukkila, 1990: 187; Tak, 1993: 12). * Official who conducts prosecution. The Public Prosecutor has sole responsibility for prosecution. He or she may decide the nature of the charge and has the power to reduce the charge, even if sufficient evidence exists to warrant a higher charge. The judge has no authority over this decision. (Tak, 1993: 13). * Alternatives to trial. The criminal justice system in the Netherlands operates under the principle of opportunity or expediency (opportuniteits-beginsel). This allows the prosecutor to dismiss cases in the interest of expediency or public interest The principle of opportunity is operative when other penal sanctions or measures are more preferable, when the prosecution would be "disproportionate, unjust or ineffective" with regard to the nature of the offense or the offender, or if the prosecution is contrary to the state or the victim. (Code of Criminal Procedures: Sections 167, 242; Tak, 1993: 12-13, Van Kalmthout, 1992: 684). The Public Prosecutor can also exercise numerous options to dismiss charges. For instance, a technical dismissal, sometimes referred to as procedural waiver, will occur if insufficient evidence exists to prosecute the case in court. The procedural waiver is unconditional. Policy dismissals or waivers occur when the prosecutor feels that a criminal trial is unwarranted and that other alternatives are better suited to the defendant and the individual situation. These policy waivers are often conditional and can be combined with any number of dispositions (e.g., alcohol or drug treatment, community service, restitution to the victim, requirements to contact social work department, prohibition against visiting certain places). (Van Kalmthout and Tak; 685). Another alternative to formal processing is the use of transaction, which involves payment by the defendant. This alternative terminates the case. The introduction of the Financial Penalties Act in 1983 allowed prosecutors to employ transaction with a wider range of offenses, excluding crimes which carried a prison sentence of more than 6 years. Conditions are specifically spelled out in the Criminal Code (Sections 74: subsection 2). Detailed regulations governing transaction procedure are outlined in section 74-74c of the Penal Code and section 578 of the Code of Criminal Procedure. (Van Kalmthout and Tak, 1992: 682-691; Pease and Hukkila, 1990: 188). * Proportion of prosecuted cases going to trial. About 1/3 of criminal cases go to trial. The proportion of cases which go to trial does not vary greatly with the seriousness of the offense. What does vary is the method used by the prosecutor to dispose of the cases. The majority of criminal cases (over 64% in 1990) are resolved by the prosecutor through transaction or dismissal. Of the remaining cases which actually reach the court, the majority (almost 83% in Cantonal and 91% in District Courts in 1990) result in guilty verdicts. (Statistics are available for the years 1980, 1985, 1988, 1989, and 1990. The fewest number of guilty verdicts in Cantonal Courts was 71.7% in 1985. In 1980, 96% of the cases appearing before these courts resulted in guilty verdicts. In the District Courts, 1988 held the record low with 89% guilty verdicts compared to a high of 92.5% in 1980. (Statistical Yearbook of the Netherlands, 1993:405) Information is not available on what percentage of these were a result of guilty pleas. Since plea bargaining is an uncommon practice, it can be safely assumed that the percentage of guilty pleas is relatively low. (Statistical Yearbook 1993 of the Netherlands, 1993: 405). In 1990, of the 1,182,991 cases which were slated for Cantonal Courts, 815,912 (69%) were handled by the prosecutor, 537,059 (65.8%) of these through transactions, and the remaining 278,853 (34.2%) cases were disposed by other means. Also in 1990, 251,454 cases were slated for the District Court. Of these, 162,015 (64.4%) were handled by the prosecutor, of which 49,757 (30.7%) were disposed through transaction, 75,484 (46.6%) through dismissals, and 28,538 (17.6%) through "joinders"--known as "voegingen" in Dutch, "joinders" is a measure which regulates payment by the offender to the victim. (Statistical Yearbook 1993 of the Netherlands, 1993: 405). While the prosecutor disposes of approximately two-thirds of the cases in both minor and serious offenses, transaction is clearly the more preferable disposition with less serious offenses in the Cantonal Courts. The high number of dismissals with more serious offenses in District Courts is probably due to the use of the conditional dismissal which is more restrictive than transaction. The legislature has upheld harsher penalties for suspects who refuse transactions and go to trial. According to 1990 statistics, of those defendants who went to trial, guilty verdicts were returned in 82.9% of the cases in Cantonal Courts and 91.1% of the cases in District Courts. (Statistical Yearbook 1993 of the Netherlands, 1993: 405; Van Kalmthout, 1992: 688) * Pretrial incarceration conditions. There are several pretrial incarceration conditions. A person may only be detained for 6 hours before being charged with an offense, that charge being an informal charge, stating the violations of the criminal code. Within 3 days, the accused must be brought before a magistrate or the "Examining Judge" of the District Court. Trial must follow within 100 days after the initial police custody if detention is ordered. An automatic review of the detention occurs every month. (Tak, 1993: 16, Hoyng, 1992: 28). Detention may be ordered only for arrestable offenses, which are those carrying a sentence of imprisonment for 4 years or more. Detention can be ordered on the grounds that the suspect is a flight risk, or endangers public order or safety, particularly if the individual has committed a crime which is punishable with a sentence of incarceration over 12 years, or the danger exists that the individual will commit another serious offense which carries a possible penalty of 6 years incarceration. Another ground for detention is the possibility that the suspect may endanger the investigation by destroying evidence or tampering with witnesses. (Tak, 1992: 55). Pretrial detention may not be ordered if it is likely that the accused will not be sentenced to incarceration. It must be terminated if the time of detention has exceeded the probable sentence of incarceration. (Tak, 1993: 16). * Bail procedure. While detainees are not legally entitled to bail, provisional release may be granted by the District Court under certain conditions. (Hoyng, 1992: 28). * Proportion of pretrial offenders incarcerated. In 1990, 14,811 (6.5%) of pretrial offenders (total: 227,494) were incarcerated. . As of December 31, 1990, 3,143 (48.2%) of the 6,526 incarcerated inmates were awaiting trial (Statistical Yearbook of the Netherlands, 1993: 416; Gevangenisstatistiek 1991, 1992: 21). JUDICIAL SYSTEM 1. Administration. Criminal matters are dealt with in courts at four levels (Hoyng, 1992: 7-8; Machielse, 1992: 108; Tak, 1993: 24-26; Netherlands Ministry of Justice, 1990a). Supreme Court. There is one Supreme Court of the Netherlands. The Supreme Court hears appellate court cases, cases in which the law has been inappropriately applied, or cases in which there has been a violation of due process or procedural fairness. In addition, the Supreme Court may hear cases at first instance concerning crimes committed by senior government officials (such as the heads of Ministries) when the offenses were committed during the performance of their official duties. (Tak, 1993: 25, 26). Courts of Appeal. There are five Courts of Appeal which hear appeals rendered against District Court decisions. These courts may have additional chambers that hear appeals or sometimes cases at first instance in specific civil or tax matters. District Courts. There are 19 District Courts. Each district covers three or four cantons in the Netherlands and handles both civil and criminal matters. The District Court hears criminal cases (misdrijven) at first instance. In complex cases, or those in which the penalty may exceed 6 months incarceration, a panel of three judges will sit. In less serious matters, or those with a penalty of less than 6 months incarceration, a single judge, the "police magistrate" will pass judgement. The police magistrate may waive the case to a judicial panel if he or she deems it appropriate. Nearly all economic and environmental crimes are tried by a single judge. The District Courts also serve as courts of appeal for matters from the Cantonal Courts.(Tak, 1993: 25). Cantonal Courts. The 62 Cantonal Courts, handle both civil and criminal matters of a nonserious nature (overtredingen). A single judge passes judgment in this court. 2. Special Courts. At the District Court level there are special judges to try two special types of offenses. A Juvenile Court Magistrate tries all cases concerning juveniles which come before the court. Minor economic offenses are tried by the Economic Police Magistrate, whereas more serious economic offenses are tried by a judicial panel in the District Courts. Additionally, the Military Courts hear cases involving criminal offenses committed by personnel in the military. (Oudhof, 1992: 28; Hoyng, 1992; 25). 3. Judges. * Number of judges. Five justices usually sit on a panel of the Supreme Court. Where appropriate, the bench may contain only three justices. A panel on the Courts of Appeal may consist of either three or five judges. The District Courts differ greatly in size with the smallest District Court having only 12 judges while the largest has 50 judges. As of November 1, 1992, there were 1,211 full time judges in the Netherlands of which 230 (19%) were female. (Tak, 1993: 25). * Appointment and qualifications. One can become a judge through an "inside" or an "outside" position. Immediately after completing a university law degree, the applicant trains "inside" the judiciary at a court or at the office of the public prosecutor. The training takes 6 years, during which time the trainee gains experience in the court, at a Public Prosecutor's Office, and outside of the court system at the Bar. This apprenticeship period is followed by 2 years' practical experience before the individual can apply for a vacant post. An "outsider" enters the profession after having worked for at least 6 years in the law field (private law firm, a university, or in the Ministry of Justice.) Applicants seeking judgeship appointments must appear before the Committee for Recruitment of Members of the Judiciary. The Committee consists of judges and members of the community representing various interests. Judges may remain in their position until they reach the retirement age of 70 years. (Netherlands Ministry of Justice, no date: 70; Tak, 1993: 26; de Groot-van Leeuwen and Kester, 1991: 5; Netherlands Ministry of Justice, 1990a: 13). Criminal justice in the Netherlands is administered only by the public prosecutors and professional career judges. There are with very limited exceptions no lay judges in the Netherlands. One exceptions is in the military division of the District Court and Court of Appeal, where the defendant faces two professional judges and one military lay judge. Another exception is in the Court of Appeal at Arnhem, penitentiary division, where the defendant facing such penitentiary possibilities as the refusal of early release faces a panel of three professional judges and two experts in the behavioral sciences. PENALTIES AND SENTENCING 1. Sentencing Process. * Who determines the sentence? The sentence is determined by the judge who delivers the verdict. * Is there a special sentencing hearing? There is no special sentencing hearing. There is no distinction between the trial and sentencing stages. The judge bases his or her decision upon the seriousness of the offense and the specific facts in the case as well as mitigating or aggravating factors, such as the character and personality of the offender, his or her employment record, prior criminal record and social background. (Lensing and Rayar, 1992: 624) * Which persons have input into the sentencing process? In order to aid the judge in the sentencing decision, the probation service, the defendant, or the defendant's attorney may prepare a "social enquiry report" containing this information. If necessary, social workers, medical experts, medical records, or psychiatric evaluations may be used. 2. Types of Penalties. * Range of Penalties. The Dutch system of sanctions is characterized by its wide range of options given to judges. Although the judge hands down the sentence, it is the prosecutor who is responsible for its enforcement. The penalty system differentiates between principal and accessory penalties, and between penalties and measures. (see Tak, 1993: 31-35, Van Kalmthout, 1992: 667-680). Principal penalties include imprisonment, detention, community service, and fines. (Penal Code sections 10-14, 18-20, 22b-23, and 23-24b, respectively). Imprisonment is only imposed for serious crimes. The minimum sentence is 1 day, the maximum is 15 years. Murder sentences can be extended to 20 years. A life sentence may be imposed for murder or manslaughter with aggravating circumstances, although this is rare. Life sentences are always converted to a specified period of time by way of pardon which allows the offender to be considered for early release. Detention is handed down for infractions of the law. The minimum sentence of detention is 1 day and the maximum is 1 year. Community service, officially called "the performance of unpaid work for the general good," was introduced into the sanctions system in 1989 after an 8-year experiment. An order of community service is given in lieu of an unconditional prison sentence of 6 months or less, and only with the consent of the offender. There is no statutory minimum and the maximum sentence is 240 hours to be served within a 12 month time frame. Sentences of less than 120 hours must be carried out within 6 months. Noncompliance may result in the judicial revocation of the sentence and the offender being sent to prison.(Tak, 1993: 33; Van Kalmthout, 1992: 674). The fine, originally intended only for infractions, was introduced into the sanctions system for crimes in the 1983 Financial Penalties Act. Fines are broken down into six categories ranging from a maximum 500 guilders for category I to 1,000,000 guilders for category VI. Category VI fines can only be imposed upon corporations, except in the specialized cases of individuals committing offenses under the Economic Offenses Act or the Narcotic Drug Offenses Act. If the offender fails to pay a fine, he or she may be sentenced to "fine default detention". The judge sets the term of the fine default detention at the time the offender is sentenced to the original fine. The state generally converts one day of detention into 50 to 100 guilders. (Tak, 1993: 33-34) Accessory penalties were originally intended to accompany principal penalties, although they may be applied on their own. Accessory penalties include confiscation or the seizure of possessions or property of the defendant; dispossession of certain rights, such as the right to hold office, serve in the armed forces, or practice certain professions; complete or partial closure of a business when a criminal offense has been committed and where the defendant has been convicted of an economic crime; and the forfeiture of a driver's license. Another less frequently used accessory penalty involves making the defendant pay for the cost of the trial. (Van Kalmthout, 1992: 668-670). Measures can be imposed upon individuals where the question of culpability arises. Even in cases where a defendant is acquitted or released, the judge can impose measures. These are enumerated in title IIa of the 1983 Penal Code. Measures include: a) the seizure of objects from the possession of an individual if they pose a threat to public interest or are in conflict with the law (Penal Code, Section 36a-36d), b) confiscation of the profits of a crime (Penal Code Section 36e), c) an order for detention in a psychiatric hospital for a period of up to 1 year if the individual presents a danger to him or herself, to others, or to property (Penal Code Section 37). Also, an in-patient hospital order can be imposed for crimes carrying at least a 4-year penalty of imprisonment for the protection of the individual, others, or property. (Penal Code Sections 37a-38i). The order may be imposed for 2 years and then be extended for another year or two. The final measure, d), is the out-patient hospital order, which may be combined with probation services. (Penal Code Section 38-38b). The judge may determine the conditions. (Tak, 1993: 34-35 and Van Kalmthout, 1992: 670-672). A suspended sentence can also be imposed. Suspension may involve all or part of any sentence (except community service), including a maximum sentence of 3 years incarceration. Prison sentences extending beyond 3 years may not be suspended. A suspended sentence may be accompanied by any number of conditions, including placement in a medical facility for the duration of the suspension, compensation to the victim, a deposit of bail equal to the amount of a fine, or the imposition of special conditions. (Van Kalmthout, 1992: 691-694). The Code of Criminal Procedure expresses preference for fines over other forms of custodial sanctions and requires an explanation be given by the judge when a custodial sentence is imposed. Fines, theoretically, can be handed down for any offense, including murder. They are, however, generally handed down for infractions, and many crimes of a nonviolent, nonserious nature. Incarceration is reserved for more serious offenses such as murder and manslaughter, rape, serious property and drug offenses. (Tak, 1993: 35). * Death Penalty. The death penalty for ordinary crimes was abolished in the Netherlands in 1870. Capital punishment for military and war crimes was abolished in 1983. (Tak, 1993: 32). PRISON 1. Description. * Number of prisons and type. Dutch prisons are characterized as closed (high security), semi-open (normal security) and open institutions (minimal security). Extra-high-risk security units within prisons exist to house inmates who are high escape risks or exhibit violent behavior toward other inmates or prison officers. Detention in these extra-high-risk units is for a period of 6 months, with a review and possible 6-month extension. (Tak, 1993: 41). In all, there are separate institutions for men, women, and juveniles; open, half-open and closed institutions; long-term and short-term institutions; institutions for so-called "self-reporters," maximum security prisons for long-term prisoners; special establishments for traffic offenders, mentally disturbed offenders and dangerous criminals, and remand centers. Some institutions, however, may house two or three different classifications. (Van Kalmthout, 1992: 701). * Number of prison beds. On January 1, 1992, there were 7,581 cells, of which 95% could be used. (Tak, 1993: 52). The largest prison in 1991 (a prison for adult males) had a capacity of 335 beds; the smallest, an open institution for women, had 5 beds. (Vegter, 1992: 142). * Number of Annual Admissions. In 1991 there were 33,940 total admissions, of which 32,391 (95.4%) were male and 1,549 (4.6%) were female. (Tak, 1993: 52). * Average daily population/number of prisoners. The prison population on December 31, 1990 registered: 6,526 total inmates, of which 2,407 (36.9%) were convicted persons, 3,143 (48.2%) were awaiting trial, and 976 (15.0%) were housed outside of the institution. (Statistical Yearbook of the Netherlands, 1993: 416). * Actual or estimated proportions of inmates incarcerated. The estimated yearly percentages for prison inmates by gender on September 30, 1991 were as follows: Males Females Drug crimes 20% 40% Violent crimes 11% 8% Property crimes 47% 33% Other crimes* 23% 19% *Includes offenses against the public order, violations of traffic law, sexual offenses which are not of a violent nature, offenses which do not fit into other categories, or unknown offenses. (Linckens, 1993) 2. Administration. The Prison Department, under the direction of the Ministry of Justice, is responsible for the administration of prisons. All prisons in the Netherlands are administered by the federal government. The top administrative official in the prison is the prison governor, subordinate to him are the assistants. The administration is further assisted by mental health and social workers, group-leaders, and warders. Some institutions employ guards who enforce the external security. (Tak, 1993: 39). The organization and administration of prisons is governed by the Prison Administration Act of 1953, which recognizes the following categorizations of prisons for males in the Netherlands: institutions for young offenders up to the age of 23; short-term adult institutions for sentences of up to 6 months; and long-term adult institutions for sentences over 6 months. The only categorization for females is that they be housed in separate institutions than males. Another category of offenders are low-risk offenders who have been sentenced and are later summoned to report to a particular prison to begin serving their sentence. These "self-reporters" are housed in low-security penal institutions. The National Prison Selection Center in the Hague classifies prisoners and determines the institution to which they will be sent. If disciplinary or safety problems arise, a prisoner may be transferred to another prison. * Number of prison guards. In 1992, there were a total number of 7,233 prison personnel, of which 4,478 (62%) were prison guards. Uniformed officers in junior-level management comprised an additional 344 (5%) of prison personnel and senior-level managers or wardens totaled 277 (3%) of the prison staff. Other prison staff include administrative and social work staff. (Gemmert, 1993). The 1991 data indicates that of the 4,414 custodial staff in both adult and juvenile prisons, 17% are female. (Oudhof, 1992). * Training and qualifications. Applicants for the position of prison officer must be between the ages of 24 and 48 years and have achieved at least a certain high school proficiency (mavo-level). They must pass a preselection process consisting of two intelligence tests and one personality test. Applicants who pass these tests are then given further psychological tests to determine their suitability for the job. The actual training takes part in the CWOI (Centraal Wervings-en Opleidingsinstituut or Central Recruitment and Training Institute) in either the Hague or Amsterdam and in part at the IBBO (Instituut Basis Beroepsopleiding or Institute for Basic Vocational Training) in Veenhuizen. There are two phases to the training. The first year of basic training consists of 3 blocks for a total 13 weeks of instruction at the CWOI or IBBO, alternating with 2 practical training periods of 4 weeks each in a correctional facility under the guidance of a mentor who is an experienced prison officer. After the last instructional block, the new correctional officer enters the practical stage and serves a 6 to 8 month internship, while still under the supervision of the mentor. During the basic training, emphasis is placed on physical activities such as sports and self-defense, social skills, the organization of the facility, gaining an understanding of the prisoners and their environment, and escape prevention. In the 3rd and 4th year of service, there is a 12-week long subsequent training period for Level I certification (Vervolgopleiding I). In the 5th and 6th years of service, an officer can attend the 10-week Level II Training (Vervolgopleiding II) where the emphasis is upon knowledge of the organization and skill in the career field. This advanced training is necessary for promotion. (Kommer, 1991: 136-138). * Expenditure on prison system. In 1991, the Dutch government spent 911.2 million Dutch guilders on the prison system (Statistical Yearbook of the Netherlands, 1993: 404) 3. Prison Conditions. * Remissions. Since 1987 and the introduction of a major reform of the conditional release practice, prisoners serving a maximum 1 year prison sentence must be released after having served 6 months. For those serving sentences longer than 1 year, release occurs after two-thirds of the sentence is served, with no conditions attached. The right of a prisoner to be released early is expressed in the Criminal Code. While early release cannot be revoked, it can be delayed under the following circumstances: if continued treatment is deemed necessary for a prisoner serving his sentence in a mental hospital; if the prisoner commits a serious offense after his sentence begins; or if the prisoner is sentenced for a serious offense with a penalty of 4 years or more and the offense is committed while serving time for an offense for which the prisoner would normally be eligible for release. (Tak, 1993: 46-47) The 1988 Pardon Act grants the Queen power to pardon prisoners when direct application is made to her by the prisoner or the prosecution service. The sentencing judge and the prosecution service are to be notified. The pardon may be conditional (Tak, 1993: 47). The degree of conditional release depends entirely upon the classification of the prisoner. Work and educational release are granted as a rule to inmates in open institutions. Educational release may be granted to inmates from other types of institutions on an individual basis. Prisoners in open institutions are generally granted weekly weekend furloughs. "Self-report" prisoners and those serving sentences longer than 5 weeks are entitled to a weekend furlough every 4 weeks. The 1982 General Leave Rule established guidelines for the temporary release of other inmates. [See Peter J. P. Tak, Heuni (European institute for Crime Prevention and Control, Criminal Justice Systems in Europe: The Netherlands, pp 44-45 for a more thorough explanation of restrictions.] * Work/education. The Principles of Prison Administration Act establishes the rights and duties of the prisoner in the areas of spiritual and social care, discipline, recreation, and work. Detainees awaiting trial are not required to work, but they may do so to obtain extra money. Convicted prisoners must work and refusal to do so is punishable by 5 days of solitary confinement. Prisoners in open institutions usually work outside of the prison. Limited educational opportunities are provided to inmates. Inmates in open institutions may be allowed to pursue an education outside of the prison. Limited vocational training is available in the juvenile system. Because prison sentences are usually relatively short, intensive vocational training is limited. * Amenities/privileges. The prison is obligated to provide for the prisoner's improvement and rehabilitation. The Prison Rules have further developed the principles laid out in the Prison Administration Act by detailing educational and recreational provisions (television, films, lectures, participating in performances). The prison system also provides medical care, psychological and psychiatric care, and chaplains to aid prisoners in their rehabilitation. (Tak, 1993: 40, 43). Prisoners have the right to send and receive mail and to receive visitors. They also have the right to appeal decisions made by the prison governors to the Complaints Committee of the Prison Supervisory Board. (Tak, 1993: 40). EXTRADITION * Extradition. The Netherlands has entered into both bilateral and multilateral agreements with numerous countries. The Act for International Legal Assistance in Criminal Matters contains the rules governing extradition in the Netherlands. The European Convention on Extradition, a multilateral agreement between member countries, and the following countries: Austria, Belgium, Cyprus, Denmark, Finland (by accession), France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein (by accession), Luxembourg, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, and with Israel (a non-member state by accession). (E.T.S. No. 24 - European Convention on Extradition; in Mller-Rappard and Bassiorni, 1991: 247) The Netherlands has also entered into a treaty with the Benelux countries of Belgium and Luxembourg via the Benelux Treaty concerning Extradition and Assistance in Criminal Matters (Beneluxverdrag aangaande uitlevering en echtshulp in Strafzaken). In addition, bilateral treaties exist with the Federal Republic of Germany (1979 and 1983), the United States (1980 and 1983), Australia (1985), and Canada (1989). (Nederlands Wetboek, Suppl. 241, January 1993; Suppl. 183, October 1983; Suppl. 215, March 1989; and Suppl. 241, January 1993, respectively). * Exchange and transfer of prisoners. The exchange of prisoners is governed by the Convention on the Transfer of Sentenced Persons, entered into force in 1985. This multilateral agreement provides for the transfer of sentenced persons between the Netherlands and the following countries: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the non-member states of the Bahamas, Canada, and the United States. (Mller-Rappard and Bassiorni, 1991) * Specified conditions. In the aforementioned treaties, many countries have specified conditions under which they will or will not abide by the treaty. The Netherlands takes exception to the treaties under the following conditions: Extradition may be refused on humanitarian grounds and hardship situations based on youth, advanced age, or state of health; or if the requesting state would be authorized to refuse extradition. Under articles 6 and 21, the Netherlands will not grant extradition or transit of its nationals. Further requirements are spelled out in E.T.S. No. 24 (Mller-Rappard and Bassiorni, 1991: 260-262). The Public Prosecutor must seek approval for extradition in the District Court. A request for approval that is granted by the District Court may be appealed by the defendant in the Supreme Court. The ultimate decision of extradition is made by the Minister of Justice. (Hoyng, 1992: 28). SOURCES Castricum, C.A.L.M., Recruitment Officer, Bureau van personeelvoorziening (Bureau for the Provision of Personnel), Metropolitan Police Department, the Hague. Telephone call: July 7, 1993. Personal interview: August 11, 1993. Tel.: (31) 70-310-2248. de Beer, Peter, "Slachtoffers van strafbare feiten" ("Victims of Crimes") de Staat van Justitie (the State of Justice) by Jan Fiselier, Lodewijk Gunther Moor and Peter Tak (eds.) (Nijmegen: Sun Publishers), 1992, pps. 169-176. de Beer, Peter, Directie Criminaliteitspreventie (Direction Crime Prevention), Ministry of Justice, the Hague, the Netherlands. Telephone call: August 19, 1993. Telephone (31) 70- 370-7627. de Groot-van Leeuwen, Leny and Kester, John G.C., "Occupational Backgrounds and Views of the Dutch Judiciary", Department of Sociology, University of Leiden, Working Paper No. 7. Paper prepared for the Joint Meetings International Conference of Law and Society, June 26-29, 1991, Amsterdam. Department for Statistical Information and Policy Analysis, Registered crime in the Netherlands 1965-1991, SIBa, Ministry of Justice/CDWO, the Hague, the Netherlands, Telephone: (31) 70-370-6568. Eijken, A.W.M., Criminaliteitsbeeld van Nederland, Stafafdeling Informatievoorziening, Directie Criminaliteitspreventie, Ministerie van Justitie, den Haag, 1992; Summary, (The Crime Picture in the Netherlands, Staff Division: Provision of Information, Directorate Crime Prevention, Ministry of Justice, the Hague, the Netherlands, 1992). Eijken, A.W.M., Staff Division: Provision of Information, Directorate Crime Prevention, Ministry of Justice, the Hague, the Netherlands, 1993. Information obtained from an unpublished document from the author in a personal interview. Personal interview: August 11, 1993. Telephone (31) 70-370-7627. (Stafafdeling Informatievoorziening, Directie Criminaliteitspreventie, Ministerie van Justitie, den Haag). Gemmert, Arnold A., Policy Information Division, the Ministry of Justice, the Hague, Tel. 070-370-2567; Receipt of letter dated July 28, 1993. Gevangenisstatistiek 1991, (Voorburg/Heerlen: Centraal Bureau voor de statistiek), 1992, (Inmate Statistics 1991, Voorburg/Heerlen: Central Bureau of Statistics, 1992). Hoekstra, Henk, Logistical Division, Korps landelijke politiediensten (Corps of National Police Services), Apeldoorn. Telephone Call: August 17, 1993. Telephone: 31-55-276172. Hoyng, Willem, and Schlingmann, Francine. "The Netherlands", EC Legal Systems: An Introductory Guide. Sheridan, Maurice and Cameron, James (eds.), (London: Butterworth and Co., Ltd.),1992, pps. 1-42. Hunter, Brian (ed.), The Statesman's Year-book: Statistical and Historical Annual of the States of the World for the Year 1991-1992, (London: MacMillan Reference Books, 1991). ICPR: International Criminal Police Review (Interpol), "The Netherlands", March-April 1990, no. 423, pps. 18-20. Kommer, Max, De gevangenis as werkplek, (The Prison as a Place of Work). (Arnhem: Gouda-Quint) bv, 1991. Kruize, Peter and Wijmer, Dick J.. 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"De rechter" ("the Judge"), De Staat van Justitie(the State of Justice) by Jan Fiselier, Lodewijk Gunther Moor and Peter Tak (eds.) (Nijmegen: Sun Publishers), 1992, pps.105-120. Ministry of Internal Affairs, "Slachtofferenquete allochten", Integrale Veiligheidsrapportage. ("Victim Inquiry of Foreigners", Integral Safety Report), 1993; pps. 105-106; information obtained from Mr. Eijken on August 11, 1993. Mller-Rappard, Ekkehart and M. Cherif Bassiorni (eds.),"Convention on the Transfer of Sentenced Persons (ETS No. 112)", European Inter-State Co-operation in Criminal Matters: The Council of Europe's Legal Instruments, Volume 1, Dordrecht: Martinus Nijhoff Publishers, 1991, pps. 763-781. Mller-Rappard, Ekkehart and M. Cherif Bassiorni (eds.), "European Convention on Extradition" (ETS No. 24), European Inter-State Co-operation in Criminal Matters: The Council of Europe's Legal Instruments, Volume 1, Dordrecht: Martinus Nijhoff Publishers, 1991; 207-279. National Victimization Survey, Central Bureau of Statistics, from the Kwartalbericht rechtsbescherming en veiligheid Quarterly Report on Legal Protection and Safety) (CBS) February, 1993, pps. 34-40. Nederlands Wetboek (the Legal Code of the Netherlands), Supplement 165 (September 1988), "Beneluxverdrag aangaande Uitlevering en Rechtshulp in Strafzaken", (Benelux Treaty concerning Extradition and Legal Assistance in Criminal Matters). Nederlands Wetboek (the Legal Code of the Netherlands), Supplement 241 (January 1993), "Overeenkomst met de Bondesrepubliek Duitsland inzake de toepassing van het Europees uitleveringsverdrag van 1957" (Agreement with the Federal Republic of Germany concerning the Application of the European Extradition Treaty of 1957). Nederlands Wetboek (the Legal Code of the Netherlands), Supplement 183 (October 1983), "Uitleveringsverdrag met de Verenigde Staten van Amerika 1980, 1983" (Extradition treaty with the United States of America). 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Tak, Peter J.P., Criminal Justice Systems in Europe: The Netherlands, HEUNI (European Institute for Crime Prevention and Control, affiliated with the United Nations), Deventer: Kluwer Law and Taxation Publishers, 1993. Van der Vijver, Kees, Broer, Wim, Hoogenboom, Bob, and Naeye, Jan, "De politie" ("the police"), de Staat van Justitie, (The State of Justice), by Jan Fiselier, Lodewijk Gunther Moor and Peter Tak (eds.) (Nijmegen: Sun Publishers), 1992, pps. 73-92. Van Kalmthout, Anton M. and Tak, Peter J.P., "The Netherlands", Sanctions-Systems in the Member-States of the Council of Europe, Part II (Deventer: Kluwer Law and Taxation Publisher), 1992, pps. 663-807. Vegter, Paul, "Straffen en andere sancties", De Staat van Justitie.("Punishment and other sanctions", in The State of Justice) by Jan Fiselier, Lodewijk Gunther Moor and Peter Tak (eds.)(Nijmegen: Sun Publishers), 1992, pps. 137-158. WODC (Wetenschappelijk Onderzoek en Documentatie Centrum), "Justitiele Verkenningen", De reorganisatie van de Politie. Research and Documentation Center of the Ministry of Justice,Issue #493, 1993. ("Judicial Explorations", The Reorganization of the Police). Alexis A. Aronowitz International Police Institute Twente University of Twente TWRC - Gebous Postbus 217 7500 AE Enschede The Netherlands Tel: 011-31-53-489-3769 Fax: 011-31-53-489-2255 email: a.a.aronowitz@bsk.utwente.nl