Substantive Criminal Law in Tilburg
Substantive criminal law forms the core of criminal law and determines which acts are punishable, who bears responsibility, and what penalties may be imposed. For Tilburg residents, this is essential, as cases are often heard at the District Court of Zeeland-West-Brabant in Breda. The rules are laid down in the Criminal Code.
What does substantive criminal law entail?
Criminal law distinguishes substantive criminal law from procedural criminal law. Substantive criminal law defines punishable offenses, the conditions for punishability, and the sanctions. It answers questions such as: 'Which act is prohibited?', 'Who can be prosecuted?', and 'What is the penalty?'. Procedural criminal law, by contrast, governs the process, such as police investigations or hearings at the court in Breda.
The principle of legality is central: nullum crimen, nulla poena sine praevia lege poenali. An act is punishable only if the law explicitly states so. This protects Tilburg residents against arbitrariness, for example in local incidents in the Spoorzone.
Statutory basis
Substantive criminal law is primarily codified in the Criminal Code (Sr.). Relevant provisions:
- Art. 1 Sr: Defines a punishable offense as an act made punishable by law.
- Art. 9 Sr: Lists principal penalties such as imprisonment, detention, and fines.
- Art. 10 Sr: Distinguishes crimes (serious offenses with penalties exceeding 3 months' imprisonment) from violations.
- Art. 37-48 Sr: Rules on attempts, complicity, and participation.
Supplementary laws such as the Opium Act or Road Traffic Act also apply in Tilburg, for example in drug cases in the Heikantwijk. Consult the Sr. at wetten.overheid.nl.
Difference from procedural criminal law
Overview:
| Aspect | Substantive criminal law | Procedural criminal law |
|---|---|---|
| Content | What is punishable? What penalty? | Prosecution procedure |
| Statute | Criminal Code (Books 1-3) | Code of Criminal Procedure |
| Example | Theft (art. 310 Sr) | Police interrogation (art. 53 Sv) |
| Application | Determines guilt and penalty | Regulates evidence and proceedings |
This builds on our overview What is criminal law?.
Types of punishable offenses in Tilburg
Punishable offenses: crimes and violations.
- Crimes: Serious offenses such as murder (art. 289 Sr) or rape (art. 242 Sr). Penalty: more than 3 months' imprisonment.
- Violations: Minor offenses, such as public urination near the Piushaven or speeding on the Ringbaan. Penalty: fine or community service via the Municipality of Tilburg.
Local examples
Example 1: Shoplifting
Art. 310 Sr: Taking someone else's property, such as in the 't Spoorzone shopping center. Crime, max. 4 years' imprisonment; first offense often results in community service.
Example 2: Drug possession
Art. 2 Opium Act: 5 grams of cannabis in Tilburg city center is a violation, fine €100-€200. Hard drugs: crime.
Example 3: Fraud
Art. 326 Sr: Forged invoice at a local business in the Textielstad area. May lead to imprisonment at the Breda District Court.
Possible penalties
Principal penalties (art. 9 Sr):
- Imprisonment (up to life).
- Detention (max. 1 year).
- Fine.
- Community service (max. 240 hours).
Measures such as TBS (art. 37 Sr) for mental disorders. Judges in Breda consider circumstances like recidivism.
Rights of Tilburg residents
Rights:
- Clear statutory text (art. 1 Sr).
- No retroactive harsher penalties (art. 2 Sr).
- Exceptions: self-defense (art. 41 Sr).
Duties: Do not commit punishable acts; tell the truth as a witness.
Suspects have the right to remain silent and a duty to identify themselves.
Frequently asked questions
Difference between crime and violation?
Crime is more serious (over 3 months' imprisonment, art. 10 Sr), such as theft. Violation is minor, e.g., parking fine in Tilburg.
Liable for attempt?
Yes, art. 45 Sr: max. two-thirds of the penalty if completion fails.
Are companies liable?
Yes, art. 51 Sr for Tilburg legal entities.
Changes in the law?
Art. 2 Sr: the mildest law applies, retroactively favorable.
Tips for Tilburg residents
- Seek free advice at Juridisch Loket Tilburg.
- Contact a local lawyer if you suspect a criminal case.
- Check the Municipality of Tilburg for local violations.
- Always consult wetten.overheid.nl for up-to-date information.