Abstract
This chapter discusses the characteristics of the insanity defence in the Dutch criminal justice system. In the Netherlands, a state with a moderately inquisitorial system, insanity evaluations can be ordered by the prosecution or by the court. In only a small minority of cases is the defence raised by the defendant. A first characteristic of the Dutch insanity defence is that there is no legal criterion specifying the conditions under which the presence of a mental illness substantiates an insanity plea. This is different from other legal systems, where the criteria for insanity are usually specified—an example is the M’Naghten Rule in Anglo-American jurisdictions. A second characteristic is that, while many jurisdictions use the dichotomy ‘sane’ versus ‘insane’, in the Netherlands three levels of criminal responsibility are used: responsibility, diminished responsibility, and (complete) insanity. A third characteristic concerns the fact that forensic psychiatrists and psychologists must render an explicit opinion about the defendant's (degree of) criminal responsibility (in the absence of a legal criterion for insanity). These three features of the Dutch system remain a topic of debate. This chapter discusses the Dutch regulations and case law, together with relevant practical problems and scholarly reflections.
Original language | English |
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Title of host publication | The Insanity Defence: International and Comparative Perspectives |
Editors | Ronnie Mackay, Warren Brookbanks |
Publisher | Oxford University Press |
Chapter | 12 |
Pages | 274–294 |
ISBN (Electronic) | 9780191888991 |
ISBN (Print) | 9780198854944 |
DOIs | |
Publication status | Published - 2022 |