Introduction to Dutch Criminal law

Prof. Dr. Ybo Buruma
Peter Tak (the Dutch criminal justice system)

Harm and intent (how about insulting minority groups ?)
Justification and exculpation or a third way (Drugs, prostitution, euthanasia)
Punishment (the entrustment order for the dangerous criminal)
Investigating crimes and proactive policing (Terrorism and the Rule of Law/the role of attorney – Organized crime)
Prosecution
Trial (victims, witnesses and experts) – inquisitional procedure
Reopening of procedure (innocent convicts) – which cases should be reinvestigate ?

Criminal law as well as criminal procedure, international corporation.
In European Union, we lead to an international aspect for organized crime but there is nothing to do with ordinary crime.
What do you know about your own country ?
Criminal law :
Providing safety
Actus reus (the physical act of the crime/objective part of the crime) and mens rea (the intention/subjective part of the crime), preemptive law ? If we think about causality, condition sinequanone, where should we look (far away or closer cause – causa proxima theory) ? There is different way to solve the problem. Ex : attempt is forbidden. In Netherlands, there should be a beginning of criminal act, the preparation for instance to buy a gun is not a criminal act. In 1995, they change criminal law about importing drugs for example, then in 2001, they have a big list of preparation act which were criminal act. The difficulty is : how are you sure that the subject was preparing an act with a criminal intention ? How could you know ? Whether you do it based on preparation or on conspiracy, there are all kind of legal tricks and manoeuvres to be able to convict people who didn't do anything yet. The basic idea is : foreseeing things, preventive. We accept that the police is investigating in private life.
Is the continental tradition really different ?
Criminal procedure :
Human rights and the rule of law : private life