Amendment of the Provisions of the Dutch Penal Code Pertaining to the Exercise of Extraterritorial Jurisdiction

Abstract

By the Act of 27 November 2013, the Dutch Government has radically changed the provisions of its Penal Code pertaining to the exercise of extraterritorial jurisdiction (Arts. 4-8 Penal Code). The new rules take effect from July 1st 2014 onwards. Most importantly, the Act widens the scope of the passive personality principle, generalizes the application of the domicile principle, which equates permanent residents with nationals for purposes of the application of the active personality principle, and establishes jurisdiction over foreigners present in the Netherlands who have committed a serious crime abroad if extradition proves impossible (aut dedere aut judicare), even if international law does not oblige the Netherlands to do so. In addition, the Act brings order to the Penal Code's hitherto rather chaotic jurisdictional provisions by, inter alia, grouping the jurisdictional mandates based on international legal instruments together in one provision, and limiting the number of jurisdictional grounds on which offences can be prosecuted.