The Dutch Penal Code Under Review

Abstract

The Dutch Penal Code entered into force on September 1, 1886. Since then many parts of the Dutch Penal Code have been discussed. This article does not intend to provide an integral systematic overview of the Dutch Penal Code and the many changes it has been subjected to, but examines (in the first part of this article) it generally, with the aim of showing various arguments for a more thorough review of the Dutch Penal Code. Recognizing the need for revision of the Penal Code, the question arises as to what is meant by a revision. More clarity on what is meant by revising a Penal Code is necessary to prevent failure therein as a result of terminological ambiguity or carelessness. In the second part of this article three manners in which a Penal Code may be revised are described. They are: modification, integral revision, and re-codification.