1. In the Dutch penitentiary system a distinction is made between life imprisonment and temporary imprisonment, the latter not exceeding twenty years. Cf. Penal Code Art. 10; Sharples, K.S., The legal framework of judicial sentencing policy (Amsterdam, 1972).Google Scholar

2. I.e. the category of serious offences, in contradistinction to “overtredingen” i.e. petty offences.

3. The Article deals with incitement to forcible action against public authority.

4. Wet Oorlogsstrafrecht, Stb. 1952 No. 408, relating to offences perpetrated during wartime.

5. Wet overlevering inzake oorlogsmisdrijven of 19 May 1954, Stb. 1954 No. 215.

6. This Article, inserted in 1934, formed part of Title IX defining a number of terms used in the Code.

7. The definition is identical with that of Art. 1(1) of the Convention.

8. Wet tot regeling en beperking der uitoefening van het regt van vereniging en vergadering of 22 April 1855, Stb. 1855 No. 32.

9. Wet houdende nadere regeling van de Collectieve Arbeidsovereenkomst of 24 December 1927, Stb. 1927 No. 415.

10. Wet houdende regelen omtrent de economische mededinging of 28 June 1956, Stb. 1956 No. 401, as amended.

11. For the bill resulting in this Act, see 1 N.Y.I.L. (1970) pp. 167 et seq.

12. Stb. 1947 H.233. This Act was directed mainly at the insertion of an Article 27a into the Decree establishing Extraordinary Penal Provisions (Besluit Buitengewoon Strafrecht of 22 December 1943, Stb. D 61) which read as follows:

“1. Any person, who. during the present war, in military or public service of the enemy commits a war crime or a crime against humanity as defined in Article 6, (b) or (c) of the Charter annexed to the London Agreement of 8 August 1945, shall be liable to the penalty fixed for such crime, provided that the crime committed also contains the elements of a criminal offence under Dutch law.

2. If such crime does not include the elements of a criminal offence under Dutch law, the offender shall be liable to the penalty set for the offence under Dutch law, to which it bears the greatest resemblance.

3. The same punishment as mentioned in paragraphs 1 and 2 applies to a superior who knowingly allows one of his subordinates to commit any such crime.”

13. See n. 12.

14. Art. 70 embodies the general rules relating to the statute of limitation of the right to prosecute, while Art. 76 contains the general rules concerning the statute of limitation of the right to enforce sentences.

15. Art. 55 of the Code of Military Criminal Law prescribes a statute of limitation of the right to prosecute with regard to offences on which the death penalty is imposed.

16. Wet Oorlogsstrafrecht. Stb. 1952 No. 408, relating to offences perpetrated during wartime.

17. I.e. acting in enforcement of the law and acting on superior orders, Articles 42 and 43 of the Penal Code.

18. Art. 8 deals with the violation of the laws and customs of war, while Art. 9 imposes the same penalties to any person who allows a subordinate to commit such offence.

19. See supra p. 429.

20. See supra n. 14 and n. 17.

21. Stt supra p. 429–430.

22. See supra p. 430.

23. See supra p. 325.

24. Title I of the Penal Code comprising Articles 1–8, is entitled “Scope of application of the penal law”.

25. Art. 168 reads: “Any person who, wilfully and unlawfully, causes a vessel to sink or to run aground, to be destroyed, rendered useless, or damaged, will be punished: …”

26. See infra, Art. I - C.

27. This is the former Art. 385bis. See infra, Art. I - F, and for the text: 2 N.Y.I.L. (1971) p. 266.

28. See infra. Art. I - F.

29. Stb. 1967 No. 152.

30. See supra n. 27.

31. Act of 9 March 1967 Stb. 1967 No. 139, as amended.

32. See 2 N.Y.I.L. (1971) pp. 264 et seq.