strafrechtsorde

Strafrechtsorde is a term used in Dutch legal theory to refer to the system as a whole by which criminal law is defined, applied and enforced. It denotes the organized structure and interrelated parts that together administer criminal justice, incorporating substantive criminal law, procedural law and the institutions tasked with enforcement.

Substantive criminal law within the strafrechtsorde specifies which acts are punishable and the range of sanctions. It embodies the legality principle (no punishment without law) and the principle of proportionality, seeking to ensure that penalties fit the gravity of the offense and the circumstances.

Procedural criminal law governs how offenses are investigated, charged, tried and appealed. It establishes due process rights, including the presumption of innocence, the burden and standard of proof, and safeguards for the defense. The procedural rules aim to produce reliable outcomes while protecting fundamental rights.

Institutions and agencies are essential components of the strafrechtsorde. Police, the public prosecutor, courts and, where relevant, correctional and rehabilitation authorities interact to prevent crime, prosecute offenders and administer penalties. The coordination among these actors affects efficiency, fairness and the overall legitimacy of the system.

Aims and debates within the strafrechtsorde include deterrence, incapacitation, rehabilitation and protection of society, balanced against concerns about proportionality, fairness, due process and human rights. The concept is used in Dutch scholarship to analyze reforms, policy choices and their systemic impacts, as well as in comparative discussions about different criminal justice orders.

See also: criminal justice system, criminal law, criminal procedure, Dutch legal system.