In the Netherlands, the juvenile justice system applies to young people between the ages of 12 and 18. The juvenile justice system focuses on the development of the minor, with an emphasis on an educational approach. This is based on the fact that young people's brains are still developing, usually until about age 24. Because not everyone develops at the same rate, the judge takes into account the defendant's level of development. The purpose of punishment within the juvenile justice system is not only to punish the behavior, but also to encourage personal development, re-education, resocialization and prevent recidivism.
Adolescent criminal justice: Flexibility for young adults
The adolescent criminal justice system applies to youth ages 16 to 23. This system provides flexibility in applying sanctions around the age of 18. Depending on personal circumstances and the severity of the offense, the judge can choose between the juvenile and adult criminal law. Thus, in exceptional cases, a juvenile aged 16 to 18 can be tried under the adult criminal law. Conversely, a young adult aged 18 to 23 can sometimes be tried under the juvenile criminal law. In these cases, the judge seeks the advice of experts to determine the appropriate approach, with the premise that the educational influence of the juvenile criminal law is utilized as much as possible.
Different sentencing options within the juvenile justice system
Within the juvenile justice system, there are several ways to handle criminal offenses. For minors from 12 to 18 years of age, a common option is the Halt (public prosecutor) program. This is a voluntary, out-of-court settlement for minor offenses, such as vandalism or public drunkenness. The Halt punishment does not go on the criminal record and offers young people the chance to make up for their mistake, for example by apologizing or compensating for damages.
In serious cases, the juvenile court may impose a judicial sentence, such as juvenile detention, community service or a fine. Juvenile detention can range from up to 1 year for youths aged 12 to 15, to up to 2 years for 16- and 17-year-olds. In addition, measures such as placement in an institution for juveniles (PIJ measure) or freedom restricting measures can be imposed, depending on the severity of the offense. The Child Protection Council plays an important role in supervising juveniles who must perform community service.
Child or minor arrested?
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us via our emergency phone number 06-24428734. Please read via this link more about the lawyer's role in the criminal process.
