Wisselwerking tussen commuun en bijzonder materieel strafrecht: een analyse en waardering in het licht van de beginselen van codificatie, schuld en legaliteit

Abstract

This study examined to what extent current Dutch criminal justice practice complies with the rationale of the codification principle. It has emerged that within substantive special criminal law, the handling of the principle of legality and the principle of guilt regularly deviates from the general principles of substantive criminal law in the Dutch Criminal Code. In some instances, these deviations have been generalised, which has led to a movement that is not well compatible with the codification principle. This movement has been made visible in this study. The conclusions and recommendations that follow from this study aim to achieve a better coordination of special criminal law with the Criminal Code, and to a more adequate maintenance of substantive criminal law in the spirit of the codification principle.