Under Dutch law, manslaughter (doodslag) is intentionally taking another person’s life (Article 287 of the Dutch Criminal Code, Sr). Murder (moord) is manslaughter committed with premeditation (Article 289 Sr). Manslaughter carries up to 25 years in prison; murder carries life imprisonment or up to 30 years.
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What is the difference between murder and manslaughter?
For both offences, the Public Prosecution Service must prove intent to kill. Conditional intent is enough: the suspect knowingly accepted a considerable chance that the victim would die. For murder, premeditation must also be proven. The suspect must have had time to consider the meaning and consequences of the act beforehand (Supreme Court, 15 October 2019, ECLI:NL:HR:2019:1511). A sudden impulse usually rules this out.
What sentences apply?
Since 1 July 2023, the maximum sentence for manslaughter is 25 years, up from 15. Murder carries life imprisonment or a fixed term of up to 30 years. Courts use the sentencing guidelines of the LOVS and may add a hospital order (tbs) where the suspect had a mental disorder. Attempted manslaughter carries up to 16 years and 8 months (Article 45 Sr).
Is there a limitation period?
No. Since 1 April 2013, offences carrying twelve years or more no longer become time-barred (Article 70(2) Sr). Murder and manslaughter can be prosecuted decades later, for example after new DNA evidence.
Related terms
See also serious offence (misdrijf), pre-trial detention, evidence in criminal cases and tbs order.
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