All cases that flow out to the court of first instance in the relevant year. (01-01-2001 - 20-11-2023)

Description

The prosecution can bring a case to court. This makes a decision in the case, for example a guilty declaration with penalty or dismissal of (all) legal proceedings. If a suspect has been found guilty, the judge may decide to impose a single sentence or measure or a combination of penalties and measures. As a result, the number of penalties imposed exceeds the number of guilty declarations. This data draft contains court criminal cases that have been settled by the court of first instance, the characteristics of the case such as the nature and content of the judgment and the date of final decision, the characteristics of the suspect such as the RIN number and the type of suspect and the characteristics of the offence such as the date of commission and the nature of the crime. The component includes both natural and legal persons. More information on how to access the data: > https://www.cbs.nl/nl-nl/onze-diensten/maatwerk-en-microdata/microdata-zelf-onderzoek-doen ### Methodology The component is unique on case number and serial number. A person may appear in the component several times if multiple cases against this person have been flown out in the court of first instance. When determining the type of crime, the most serious fact in the case is considered. This is determined on the basis of the fact that the law contains the highest penalty. In the event of equal penalties, the former shall be taken. Based on the most serious fact, the classification according to standard classification of crimes 2010 is made. The decision of the judge looks at the decision at case level. In doing so, the decision is not taken into account individually, but in the case as a whole. It may be that the heaviest fact is dropped while the suspect is found guilty for a lighter fact. At case level, there is then a declaration of guilt. In mid-2008, the early release was replaced by conditional release. In the case of early release, part of the sentence was not required by default. In the case of conditional release, penalties may be released for a period of one to two years after they have served one year plus a third of the remainder of the sentence. Two-thirds of sentences for more than two years must be served. There are conditions attached to this. If the convicted person fails to comply with the conditions, the release may be adjusted, postponed or revoked. The scheme is less generous than early release. ### Population The outflow at the court of first instance is determined by selecting all cases with at least one primary court event whose date of the final judgment is in the relevant year. In doing so, the file contains all court criminal cases that have been settled by the court of first instance in the year under review. These criminal cases were either registered with the Public Prosecutor’s Office (Public Prosecutor’s Office) or the Public Prosecutor’s Office in the reporting year or in an earlier year. For the most part, court criminal cases concern crimes. However, a very specific part of the crimes (poaching and some environmental and drug offences) is not part of this, as they are dealt with by the canton sector. In addition, some offences (landwalking, begging, in the economic sphere or in combination with crimes) are dealt with by the criminal sector (around 1.3 % of court criminal cases in recent years). This concerns cases from two systems of the Public Prosecution Service: Communication system Public Prosecutor’s Office Administration (COMPAS) and Integrated Process System (GPS). The latter has been gradually introduced by the public prosecutors since 2008. These are all cases that are brought before the court and where a final decision is taken by the judge. This means that cases in which the court decides to refer the case to another forum or annul the summons are not taken into account. In this way of counting, there are also cases for the judge that have already been counted at the outflow of the Public Prosecution Service or earlier to the judge. After all, if an objection is lodged against a penalty order or the execution of a penalty order fails, the Public Prosecutor may summon the case or summon the case at the hearing in response to opposition. A case may be merged with another case at the hearing by the judge. The decision in this first case is then &joining at court &#039, while the decision in the other case is slightly different. Joinings at court are not included in the figures of the outflow right. The judgment in the case to which it is joined will be taken into account.

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Tags

  • strafzaak
  • microdata
  • rechter
  • data-governance-act
  • odissei
  • misdrijf
  • dga

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