Adolescent criminal law in the Netherlands

• In Event: Serious youth violence in the Netherlands and judicial reactions to it

Abstract

In recent years, there has been increasing attention to adolescent offenders in the criminal justice system. Adolescent criminal law in the Netherlands provides for a tailor-made approach to the sentencing of 16- to 23-year old offenders. Under specific legal conditions, it is possible to sentence 16- and 17-year-olds with adult sanctions and 18- to 23-year-olds with juvenile sanctions. The aim of this special treatment of adolescents in the criminal justice system is to create more flexibility in the sanctioning of offenders around the age of 18-years-old. Their chronological age has become less decisive in the choice for sanctioning according to juvenile or adult criminal law. Instead, emphasis has been placed on the development of the adolescent offender and possibilities for rehabilitation. However, little is known about the characteristics of (criminal cases of) 16- to- 23-year-olds sentenced according to adolescent criminal law. Nor is there insight into the motivation of judges and other professionals for applying adolescent criminal law. In this study, verdicts from 2017-2021 were used to describe and compare (criminal case) characteristics of four groups of convicted adolescents and the motivation of judges and other professionals. Results show that the shocking nature of a (violent) offense, a calculating attitude of the adolescent and absence of (developmental) possibilities for the adolescent within the juvenile justice system are cited as important reasons for sanctioning 16- and 17-year-olds with adult sanctions. In criminal cases involving juveniles and young adults sentenced with juvenile sanctions, developmental possibilities are mentioned as an important reason for applying a juvenile sanction.

Authors

• Lise Prop, WODC

• Kirti Zeijlmans, WODC

• André van der Laan, WODC (Research and Data Centre), the Netherlands