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A child under twelve and a suspected offence

A child was involved in an incident that may be an offence. First establish the child's age when it happened. Dutch criminal law has a minimum age for criminal prosecution.

Duration: 1:40

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This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.

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Criminal Law in the Netherlands.

A child was involved in an incident that may be an offence. First establish the child's age when it happened. Dutch criminal law has a minimum age for criminal prosecution.

A child under twelve cannot be criminally prosecuted for that conduct. Police contact, help or a civil claim for damage can nevertheless raise separate questions for the child and parents.

Before a conversation, ask who is involved and why. A care conversation is not automatically the same as questioning a suspect. Clarify what information is being requested and how it may be used.

Ask for explanations the child can understand. Mention health, language or support needs. Do not rehearse a shared story or fill gaps in the child's memory with your own assumptions.

Ask what each agency is considering and what decision or request has actually been made. No criminal prosecution does not itself answer every question about records, support or compensation for damage.

Save letters and make a factual note of contacts. Ask an appropriate legal adviser about unclear requests or a damage claim. Check which practical arrangements have genuinely been agreed.

Read the full explanation on the Criminal Law in the Netherlands website.

Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. Criminal Code: descriptions of offences, age and conditionsOpens in a new tabwetten.overheid.nlhttps://wetten.overheid.nl/BWBR0001854/
  2. National government: punishments and measures for young people and the age limitOpens in a new tabrijksoverheid.nlhttps://www.rijksoverheid.nl/themas/recht-veiligheid-en-defensie/straffen-en-maatregelen/straffen-en-maatregelen-voor-jongeren
  3. Police: juvenile crime, children under twelve and further actionOpens in a new tabpolitie.nlhttps://www.politie.nl/informatie/straffen-voor-jeugdcriminaliteit.html
  4. Civil Code Book 6: tort, liability and damageOpens in a new tabwetten.overheid.nlhttps://wetten.overheid.nl/BWBR0005289/
  5. Judicial Information Service: registrations, correction and relationship to the VOGOpens in a new tabjustid.nlhttps://www.justid.nl/onderwerpen/s/strafblad-en-het-justitieel-documentatie-systeem/veelgestelde-vragen
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