Article 77c Dutch Criminal Code (juvenile law for young adults)

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Article 77c of the Dutch Criminal Code (Wetboek van Strafrecht, Sr) allows the court to apply juvenile criminal law to a suspect who was 18 or older but not yet 23 at the time of the offence. This requires grounds in the offender’s personality or the circumstances of the offence. With Article 77b Sr, it forms adolescent criminal law (adolescentenstrafrecht).

Why does adolescent criminal law exist?

Young people do not become adults overnight on their 18th birthday. Adolescent criminal law aims to match sanctions to a person’s actual development. Article 77c covers young adults. Its counterpart, Article 77b Sr, lets the court apply adult criminal law to 16- and 17-year-olds, although life imprisonment is then excluded.

Which sanctions are possible under juvenile law?

  • youth detention (jeugddetentie);
  • community service under juvenile law (taakstraf);
  • the PIJ order (maatregel van plaatsing in een inrichting voor jeugdigen), a treatment measure for young people.

How does the court decide?

The court decides case by case. Reports from the probation service (reclassering) are important, sometimes with reports from a psychologist or psychiatrist. Relevant factors include whether the young adult still lives with their parents, is in education, is easily influenced and is still developing. The defence can ask the court to apply Article 77c and support that request with these reports.

Frequently asked questions

Which age counts: at the offence or at the trial?

The age at the time of the offence is decisive.

Can a penal order include probation conditions for young adults?

Yes. For offenders aged 18 to 22, a penal order may require them to follow instructions from the probation service.

Related terms

For help with a case involving a young suspect, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.