Young people who commit an offence are tried differently from adults. This is because juvenile justice is more educational in nature. The aim is for the young person to learn and for their behaviour to change. Research shows that early school leavers are registered as juvenile suspects much more often and that educational orders, among other things, are very useful. According to the Research and Data Centre (Wetenschappelijk Onderzoek- en Datacentrum, WODC), property offences (shoplifting) in particular are common among young people. This page describes the situation in the Netherlands.
Tried as a minor or as an adult
A juvenile suspect is someone who, at the time the offence was committed, was not yet eighteen years old, but was twelve years or older. This age matters, because in the Netherlands a distinction is made between juvenile criminal law and adult criminal law. Young people aged twelve to eighteen are dealt with under juvenile criminal law. Anyone older than eighteen is subject to ordinary criminal law. And anyone younger than twelve cannot be prosecuted under criminal law in the Netherlands. A characteristic of juvenile criminal law is that the focus is more on education and less on retribution.
Age is not decisive
Sometimes the judge may decide to try a minor as an adult after all. In doing so, the suspect's degree of maturity and development is taken into account. The reverse is also possible: someone aged between 18 and 23 can still be tried as a minor. Here too, the level of development is the deciding factor. On paper the suspect is then an adult, but has the mental level of a minor.
It is no coincidence that neurobiological research emphasises the diversity in brain development among young people, which results in significant differences in their mental level. A 20-year-old, for example, may still function mentally at the level of a teenager, with little self-awareness and a high degree of susceptibility to influence. Meanwhile, a 17-year-old may already show an adult awareness of their behaviour. Crucial brain functions that are essential for adult decision-making sometimes only develop fully after the age of 18. This process varies greatly from person to person. In response to this, judges show flexibility by trying young people aged between 16 and 23, depending on their level of development, either under juvenile criminal law or under adult criminal law.
Rights of the juvenile suspect
Juvenile suspects enjoy specific protection during criminal proceedings. This is laid down in Directive (EU) 2016/800. This directive exists to ensure that the unique position and needs of minors within the legal system are recognised and respected. These rights include, among other things, informing the person who exercises parental authority, the right to legal assistance and the right to a medical examination. In addition, the privacy of the minor is protected and they have the right to be accompanied by a parent or guardian during court hearings, as well as the right to take part in them in person. This directive also places obligations on the member states to ensure that the criminal handling of minors takes place with the necessary urgency and care. Limiting the length of deprivation of liberty is important here, as is separating adults and children in detention.
All the rights of a suspectArrest and trial of the young person
When a young person aged between 12 and 18 commits a criminal offence, a specific procedure is followed that takes their age and level of development into account. This process starts with the arrest and can lead to various outcomes, depending on the seriousness of the offence and the circumstances.
- Arrest and questioning
After the arrest, the young person is taken to the police station for questioning. Before this questioning, the young person has the right to speak to a lawyer. This lawyer is arranged by the police. This conversation is crucial, as it prepares the young person for the questioning and informs them about their rights, such as the right to remain silent. During the questioning, a lawyer can be present to assist the young person.
- Decision on sending home or holding
After the questioning, the police assess whether the young person can go home or must be held for longer. If the young person is allowed to go home, the case is handed over to the public prosecutor (officier van justitie). The Child Care and Protection Board (Raad voor de Kinderbescherming) is informed and a file is built up. If it is decided to hold the young person for longer, the approval of the public prosecutor is required. This decision is made after an additional interview, in which it is examined whether further detention really is necessary for the investigation.
- Investigation and advice by the Child Care and Protection Board
The Child Care and Protection Board investigates the personal circumstances of the young person and the nature of the criminal offence. This investigation can take place at home, at school or at the police station and is intended to get a complete picture of the situation. On the basis of the investigation, the Child Care and Protection Board gives sentencing advice to the public prosecutor or the judge. This advice takes into account the interests of both the young person and society and focuses on re-education and preventing reoffending.
- Decision of the public prosecutor
The public prosecutor decides on further prosecution of the young person, based on the file, the advice of the Child Care and Protection Board and the seriousness of the criminal offence. This can lead to a punishment order (strafbeschikking) or a summons to appear before the judge.
- The court hearing
In the case of a summons, the young person appears before the judge, where the case is heard on its merits. Parents or guardians are obliged to be present. During this hearing, the young person gets the chance to tell their story, after which the judge reaches a verdict. The judge gives judgment and determines the penalty or measure. This judgment is aimed at promoting the young person's development and preventing new criminal offences. The final decision is announced within 14 days.
Role of various parties in trying minors
Young people can come into contact with the police in various ways, for example after shoplifting, after a sexual offence or after being used as a money mule. Various parties play a crucial role in trying minors, each with their own responsibilities and tasks. The main aim is to guide and protect the young person as well as possible within the legal process. This cooperation between various parties ensures that not only the legal aspects are considered, but that attention is also paid to the well-being and development of the young person themselves.
The minor themselves
The juvenile suspect is central to the entire process. His or her rights, such as the right to be assisted by a lawyer, are strictly protected. The young person is encouraged to take an active part in the process, from the questioning through to the hearing. His or her opinion and perspective matter, especially when determining the most appropriate measures. This approach holds the young person responsible for their own behaviour, but at the same time also offers the opportunity for positive development.
Police
The police are often the first body to come into contact with the juvenile suspect. Their role is therefore crucial in starting the legal process, in particular through the arrest and the preliminary investigation. After the arrest, the police ensure that the young person and their parents or guardian are informed of the situation. They are responsible for conducting the questioning, during which they must safeguard the rights of the minor, such as the right to be assisted by a lawyer. The police draw up the official report (proces-verbaal) that forms the basis for further legal decision-making.
Public prosecutor
The public prosecutor plays a key role in deciding on the next steps after a minor has been arrested. On the basis of the police's official report and the advice of the Child Care and Protection Board, the prosecutor decides whether further prosecution is necessary. He or she can choose to impose a punishment order or to summon the young person to appear before the judge. The public prosecutor assesses the seriousness of the offence and also takes into account previous offences and the personal circumstances of the young person.
Judge
The judge has the final authority to rule on the question of guilt and on the measures or penalties to be imposed. When assessing a juvenile criminal case, the judge takes into account the seriousness of the facts, the age of the suspect, the nature of the offence and the personal circumstances. The court procedure for minors is different from that for adults. For example, hearings are often not public and attention is paid to the educational and corrective aspects of the penalty. The judge can also decide to impose measures aimed at help and support for the young person and the family.
Lawyer
The lawyer plays an essential role in protecting the rights of the minor throughout the entire criminal process. From the moment of arrest, the minor has the right to be assisted by a lawyer. This lawyer ensures that his or her rights are respected and that the young person understands what is happening. The lawyer provides legal assistance during the questioning, advises on the strategy to follow and represents the minor at court hearings. The lawyer works closely with the minor and their parents or guardian to achieve the best result, taking into account both the legal aspects of the case and the well-being of the young person.
Parents or guardian
Parents or guardians have a supporting and guiding role throughout the entire process. They are informed about the situation and are involved in the procedures. Their presence is not only of emotional value to the minor, but also offers the opportunity to gain insight into the family situation and any underlying problems. Parents or guardians can help shape an appropriate response to the young person's behaviour, including support in complying with any measures or penalties. That is why parents are also obliged to appear at the hearing. However, this does not apply to parents without parental authority; these parents are welcome at the hearing.
Child Care and Protection Board (Raad voor de Kinderbescherming, RvdK)
The Child Care and Protection Board plays an essential role in the process surrounding juvenile suspects. Its work often starts after a criminal offence has been reported. A Board investigator carries out a thorough investigation into the personal and family circumstances. This includes interviews with the young person, the parents and possibly other people involved, such as teachers. This is to get a complete picture of the situation. The RvdK does not only look at the facts surrounding the criminal offence. It also examines whether there are underlying problems, such as personal problems or family problems, that may contribute to the young person's behaviour. The aim is to set up support where necessary, to prevent the criminal behaviour from being repeated.
The RvdK issues a report and advice to the public prosecutor and possibly the judge, with recommendations for an appropriate penalty and/or support. This report is based on a thorough analysis and consultation within the RvdK, supported by behavioural experts and legal experts, and aims to prevent reoffending and to give the young person the best chance of positive development.
Other parties
In addition to the more directly involved parties such as the Child Care and Protection Board and the police, other parties also play a crucial role in trying and helping minors. These include teachers, GPs and care workers who, from their professional or personal relationship with the minor and the family, can offer valuable insights into the situation and needs of the young person. Their information contributes to a more complete picture of the minor's background and circumstances, which is essential, among other things, for the Child Care and Protection Board to formulate appropriate advice or a decision.
These parties are approached for information that helps the Child Care and Protection Board to formulate sound advice. They can provide insight into the minor's personal circumstances, such as their health and school performance, without being directly involved in the legal judgment. Their input is mainly aimed at providing background information needed for the child's well-being. In principle, minors and the family are informed when these informants are approached, unless the situation does not allow this. Where possible, the information provided by these informants is submitted to them for approval in advance, so that any corrections or additions can be made.
In cases of suspected child abuse, care and support workers have a statutory right to report (meldrecht), allowing them to share relevant information, even without the consent of the client or parents, with 'Veilig Thuis' (the Dutch advice and reporting centre for domestic violence and child abuse) or directly with the Child Care and Protection Board.
Measures and penalties for young people
In juvenile criminal law, various measures and penalties are used with the aim of not only punishing young people who have committed criminal offences, but also guiding them towards better behaviour in the future. The approach focuses on preventing repetition (reoffending) and supporting the young person in his or her personal development.
Fine
A fine is a financial penalty that the judge can impose on a young person for committing a criminal offence. The amount of the fine varies and depends on the seriousness of the offence. The judge can allow the fine to be paid in instalments, in which case the full amount must be paid within two years. If the young person fails to pay, this can lead to further consequences. This measure serves as a direct financial sanction and as a warning about the consequences of unlawful behaviour.
Community sentence
The community sentence (taakstraf), consisting of community service (werkstraf), an educational order (leerstraf) or a combination of both, is imposed with the aim of making the young person take responsibility for their actions. The young person must then make a positive contribution to society or learn something that can prevent the behaviour from being repeated. The Child Care and Protection Board plays a coordinating role in assigning a suitable community sentence and supervising how it is carried out. It is important that the parents are involved in the process and support their child. Failing to complete the community sentence properly can lead to further legal consequences.
An educational order is intended to give the young person insight into their behaviour and to prevent the criminal offence from being repeated. Through training, the young person learns new skills and is encouraged to think about their actions. The educational order can focus on improving social skills, dealing with emotions such as anger, or resolving conflicts. Parents are actively involved in the process. Well-known educational orders are TACt, Tools4U and So-Cool.
With community service, the young person has to roll up their sleeves. It is the community sentence coordinator who looks for a suitable placement. On site, the young person is supervised by a work supervisor. If the young person does not cooperate properly, he or she may receive a warning or a yellow card. At the end of the community sentence, the coordinator writes a report stating how the community service went.
Youth detention
Youth detention (jeugddetentie) is a custodial sentence in which the young person is placed in a young offender institution for a certain period. The length of the detention depends on the age of the young person at the time the criminal offence was committed, with a maximum of one year for young people under 16 and two years for those aged 16 and over. During the detention, the young person follows education and programmes aimed at personal development, such as training in social skills and anger management.
PIJ order
The PIJ order (Plaatsing in een Inrichting voor Jeugdigen, placement in a young offender institution) is a specific intervention aimed at young people with serious behavioural problems who have committed an offence as a result of a defective development or a mental disorder. This order means that the young person is placed in a young offender institution for an initial period of three years, with the main aim of providing intensive treatment and guidance to prevent reoffending. Depending on the progress made and the assessment of the risk of reoffending, this order can be extended once or twice, up to a total length of as much as seven years. If, after this period, there is still a significant risk to the safety of society, the order can be converted into a hospital order (terbeschikkingstelling, tbs).
Liability of and for minors
When a minor commits a criminal offence, this can lead not only to consequences under criminal law, but also to liability under civil law. The victim can then claim compensation. This compensation is intended to make up for the damage suffered and can be imposed in addition to the criminal sanctions. In certain circumstances, the parents or guardians of the minor can be obliged to pay this compensation. This may then be covered by personal liability insurance (AVP). This is based on the principle of parental liability, under which parents can be held responsible for damage caused by their minor children.
Frequently asked questions about juvenile suspects and juvenile criminal law
Juvenile criminal law is a special area of law within the Dutch legal system, designed to take into account the unique situation and needs of juvenile suspects. It recognises that young people are still developing and therefore offers a different approach from adult criminal law, with a strong focus on re-education and preventing future crime. These FAQs are specifically for anyone with questions about juvenile criminal law and the trial of juvenile suspects.
What is juvenile criminal law?
Juvenile criminal law is a part of criminal law specifically designed for people who were under 18 at the time they committed the criminal offence. It focuses both on protecting society and on the re-education and reintegration of the young person into society, with the intention of preventing the behaviour from being repeated.
Why does juvenile criminal law exist?
Juvenile criminal law exists to offer adapted treatment to minors who have committed a criminal offence. Recognition of the stage of development young people are in and their potential for change and improvement plays an important role here. Juvenile criminal law leaves room for measures aimed at re-education, instead of focusing only on punishment.
When does juvenile criminal law apply?
Juvenile criminal law applies to young people aged 12 to 18 who are suspected of committing a criminal offence. Sometimes juvenile criminal law can also apply to young adults up to the age of 23, depending on their personal development and circumstances.
Are the police allowed to question a minor?
Yes, the police may question a minor if he or she is suspected of a criminal offence. However, specific rules apply to protect the rights and well-being of the minor during questioning.
Can a lawyer assist a minor during questioning?
Yes, a minor has the right to be assisted by a lawyer during police questioning. This right to legal assistance is an important part of the protection offered by juvenile criminal law.
What is the Child Care and Protection Board?
The Child Care and Protection Board (Raad voor de Kinderbescherming) is a government agency whose task is to protect the rights and well-being of children. In the context of criminal law, the Board investigates the situation of juvenile suspects and advises on appropriate measures or penalties.
What does the Child Care and Protection Board do in the case of a juvenile suspect?
In the case of a juvenile suspect, the Child Care and Protection Board investigates the personal circumstances, the family situation and the underlying problems. On the basis of this investigation, the Board advises on an appropriate approach that does justice both to the seriousness of the offence and to the developmental needs of the young person.