Article 77a of the Dutch Criminal Code (Wetboek van Strafrecht, Sr) opens the juvenile criminal law section (jeugdstrafrecht). It applies to people who were 12 or older but not yet 18 when they committed the offence. For them, ordinary adult penalties are replaced by the juvenile sanctions in Articles 77d to 77gg Sr.
Table of contents
Which age counts?
The age at the time of the offence, not on the day of the trial. A person who committed an offence at 17 is tried under juvenile law, even if they are 19 by the time of the hearing. Children under 12 cannot be prosecuted at all (Article 486 Code of Criminal Procedure).
Can adult criminal law apply to a minor?
Yes, for 16- and 17-year-olds. Under Article 77b Sr, the court may apply adult criminal law if the seriousness of the offence, the offender’s personality or the circumstances call for it. Life imprisonment is then excluded. Conversely, Article 77c Sr allows juvenile law for young adults aged 18 to 22.
How are juvenile cases tried?
- At first instance, the juvenile judge (kinderrechter) of the district court hears the case (Article 495 Code of Criminal Procedure).
- The Child Protection Board (Raad voor de Kinderbescherming) advises on the young person.
- Hearings are, in principle, held behind closed doors.
Frequently asked questions
Which sanctions can a juvenile receive?
For example youth detention (jeugddetentie), community service, a fine or a PIJ order, often partly suspended with conditions.
Can the defence oppose adult law?
Yes. If the prosecutor asks for adult law, the defence can argue that the conditions of Article 77b Sr are not met.
Related terms
- Article 77c Dutch Criminal Code (juvenile law for young adults)
- Article 486 Code of Criminal Procedure (age of criminal responsibility)
- Article 495 Code of Criminal Procedure (juvenile court)
- Community service order
For help with a juvenile criminal case, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
