Murder (Dutch law)

Murder (Dutch law)

By Dutch law, murder (moord) is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law allows. A common misconception is that the maximum sentence is 30 years (20 until 2006): this is the longest sentence that can be imposed other than life imprisonment.

A life sentence is given 4 to 5 times a year on average and currently over 30 people are serving a life sentence in the Netherlands. They will all die in prison unless given parole by the King (or Queen) of the Netherlands. The average sentence is 12 to 15 years. In addition to a prison sentence, the judge may sentence the suspect to TBS, or terbeschikkingstelling, meaning detention in a psychiatric institution, sometimes including forced treatment.

TBS is imposed for a number of years (most often in relation to the severity of the crime) and thereafter prolonged if deemed necessary by a committee of psychiatrists. This can be done indefinitely, and has therefore been criticized as being a life sentence in disguise. Voluntary manslaughter (doodslag) is punishable by a prison sentence of up to 15 years, or life imprisonment when committed during the commission of a crime or as an act of terrorism. Involuntary manslaughter (dood door schuld) is punishable by a prison sentence of up to two years. If involuntary manslaughter is caused by recklessness, the maximum sentence that can be imposed is four years.

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