Alinea 186 Parket bij de Hoge Raad 26 juni 2018

362. It can be inferred from the system of the law and, above all, from articles 9 and 167 of the Code of Criminal Procedure that the Public Prosecution Service’s task of prosecuting crime extends, in principle, to all criminal offences. Corstens & Borgers rightly note that Title 8 of Book 1 of the Criminal Code accordingly frames this as a negative, namely the ‘lapse of the right to prosecute’, but that the criminal jurisdiction provisions have been formulated positively and can therefore justify referring in positive terms to the conditions for liability to prosecution. With the exception of the provisions that prevent Dutch criminal law and criminal procedure law from having jurisdiction over all offences worldwide, no matter where they are committed, discharge from liability to prosecution is therefore always based on special grounds. In so far as international law and unwritten legal principles affect whether offences can be prosecuted, they can be defined not so much as grounds for liability to prosecution (positive) but as grounds for exclusion of prosecution (negative). The Dutch system of liability to prosecution can therefore be summarised by saying that if jurisdiction over a criminal offence exists in the Netherlands the liability to prosecution is, in principle, a given, unless a general or special ground for inadmissibility applies.

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