Klachtdelicten. Een zoektocht naar de functie en plaats van een klassieke rechtsfiguur in de hedendaagse rechtspleging
Publication year
2024Author(s)
Publisher
Deventer : Wolters Kluwer
ISBN
9789013176766
Number of pages
XII, 444 p.
Annotation
Radboud University, 24 mei 2024
Promotores : Kempen, P.H.P.H.M.C. van, Schutgens, R.J.B.
Publication type
Dissertation
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Organization
Onderzoekcentrum voor Staat en Recht
Languages used
Dutch (dut)
Subject
Founding principles and fundamental rights; Dragende beginselen & fundamentele rechtenAbstract
Complaint offences are offences for which prosecution is allowed only after a complainant has expressed their desire for such prosecution through a complaint. The current regulation for complaint offences dates back to the first Dutch Penal Code of 1886. According to the legislative history, these are criminal provisions whereby the legislator believes that the victim may suffer more from the prosecution of the offence than the community benefits from prosecuting the perpetrator. With complaint offences, the legislator places a barrier, as it were, on the road to prosecution, which can be operated by the complainant. This seriously curtails the Public Prosecution Service's freedom to prosecute suspects for this type of offence. Since the introduction of the Penal Code in 1886, however, there has not been a fundamental discussion on the regulation of complaint offences, despite the fact that society and criminal justice have since changed substantially. Against this background, this book reports on research into the function and place of complaint offences in modern Dutch criminal justice. The central issue here is whether the retention of complaint offences is desirable, and whether the legal design of the regulation of complaint offences – if it is to be retained – deserves adjustment.
This item appears in the following Collection(s)
- Academic publications [245350]
- Dissertations [13780]
- Electronic publications [132838]
- Faculty of Law [25582]
- Open Access publications [106387]
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