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Criminal penalties in Netherlands
Checked in October 2026 against the Wetboek van Strafrecht and Wegenverkeerswet 1994, consolidated texts on wetten.overheid.nl.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Netherlands sets penalties
- Dutch articles state only a maximum: 'prison of at most nine years or a fine of the fifth category'. The shortest term of prison is one day. Temporary prison is at most 25 years, and up to 30 years in a row where the law gives the judge a choice between life and a fixed term, or where several offences or other increases lead to more than 25 years (art. 10).
- Fines are in six 'categories', with the amount for each category set by article 23. The amounts are adjusted regularly and are not shown here.
- A penalty can be raised by a third in the listed cases, such as an offence against a parent, spouse, partner or child, or against a public official (for example art. 304 for the assault offences).
Death penalty: No. The Netherlands abolished the death penalty for ordinary crimes in 1870 and for all crimes in 1982, and the Constitution (Article 114) now forbids it.
Read the Netherlands legal-system profile in the Legal Families Atlas →
First-degree murder
Life imprisonment, or up to 30 years
Doodslag together with another offence, to prepare it, to ease it or to escape (art. 288) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment, or up to 30 years
Moord (intentional killing with premeditation) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment, or up to 30 years
'Moord' (murder) is a killing with premeditation. A killing together with another crime, to prepare or hide it, carries the same maximum (art. 288).
Second-degree murder
Up to 25 years
Doodslag (intentional killing) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 25 years' prison
'Doodslag' (intentional killing without premeditation) is the closest to second-degree murder.
Voluntary manslaughter
Up to 2 or 4 years (killing by fault) up to 10 years (serious assault resulting in death)
Dood door schuld (causing death by fault) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 2 years' prison
Dood door schuld by recklessness (roekeloosheid) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 4 years' prison
Mishandeling met dood tot gevolg (assault resulting in death) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 6 years' prison
Zware mishandeling met dood tot gevolg (serious assault resulting in death) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 10 years' prison
Dutch law has no offence of voluntary manslaughter in the heat of passion. A killing without premeditation is 'doodslag'. The nearest lighter offences are causing death by fault and assault resulting in death.
Robbery
Up to 9 years (theft with violence) up to 15 years (resulting in death)
Diefstal met geweld (theft preceded, accompanied or followed by violence or threat of violence) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 9 years' prison
The same, at night in a home, on the public road, by two or more people, by breaking in, causing serious bodily injury, and other listed cases (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 12 years' prison
The same, resulting in death (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 15 years' prison
Afpersing (extortion: forcing someone by violence or threat to hand over property) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 9 years' prison
Burglary
Up to 4 years (theft) up to 6 years (theft in a home, or by break-in)
Diefstal (theft) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 4 years' prison
Gekwalificeerde diefstal (theft in a home or on a fenced yard with a home, by two or more people, by break-in or climbing, and other listed cases) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 6 years' prison
The Netherlands has no offence called 'burglary'. Theft in a home, or with a break-in or climbing, is 'gekwalificeerde diefstal' (aggravated theft).
Arson
6 months (a fire by fault) up to life or 30 years (a fire that causes death)
Brandstichting by fault (negligent fire), with danger to property (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 6 months' prison
1 year where it causes danger to life or serious injury, and 2 years where it causes death (art. 158(2), (3)).
Opzettelijke brandstichting (intentional arson) where danger to property is to be feared (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 12 years' prison
Opzettelijke brandstichting where danger to life or of serious injury to others is to be feared (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 15 years' prison
Opzettelijke brandstichting where danger to life is to be feared and a person dies (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment, or up to 30 years
Dutch law has one arson offence, 'brandstichting', graded by the danger caused: danger to property, danger to life or serious injury, and death. Negligent fires carry far lower maximums.
Aggravated assault
Up to 3 years (mishandeling) up to 8 years (serious assault) and 12 years if planned
Mishandeling (assault) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 3 years' prison
4 years if it causes serious bodily injury (art. 300(2)), and 6 years if it causes death (art. 300(3)).
Zware mishandeling (intentionally causing serious bodily injury) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 8 years' prison
10 years if it causes death (art. 302(2)).
Zware mishandeling with premeditation (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 12 years' prison
15 years if it causes death (art. 303(2)).
Rape and sexual assault
Up to 4 years (rape by fault) up to 9 or 12 years (intentional rape)
Schuldverkrachting (rape by fault: having serious reason to suspect that the person lacks the will) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 4 years' prison
Opzetverkrachting (intentional rape: knowing that the person lacks the will) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 9 years' prison
Gekwalificeerde opzetverkrachting (preceded, accompanied or followed by coercion, violence or threat) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 12 years' prison
The Dutch code defines these offences as sexual acts that involve sexual penetration of the body, with a person who lacks the will to engage in them. It distinguishes rape through fault (schuldverkrachting: the offender had serious reason to suspect that the will was lacking) from intentional rape (opzetverkrachting: the offender knew). The qualified form involves coercion, violence or threat. Article 244 sets out when a person is treated as lacking the will.
Kidnapping
Up to 8 years (deprivation of liberty) up to 12 years (resulting in death)
Vrijheidsberoving (deliberately and unlawfully depriving a person of liberty) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 8 years' prison
9 years if it causes serious bodily injury, and 12 years if it causes death (art. 282(2), (3)).
Embezzlement
Up to 3 years (verduistering) up to 4 years (by an employee or professional)
Verduistering (embezzlement) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 3 years' prison
Verduistering by a person holding the property through a personal employment, a profession, or for payment (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 4 years' prison
'Verduistering' is dishonestly keeping another's property that one holds for a lawful reason, rather than by a crime. Where one holds it through a job, a profession or for payment, the maximum is higher.
Forgery
Up to 6 years
Valsheid in geschrift (forging or falsifying a document that is intended to prove a fact, and using it) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 6 years' prison
Drunk driving, first offence
Up to 1 year in prison, or a fine of the fourth category
Rijden onder invloed (driving under the influence of alcohol or another substance) (Offence under the Road Traffic Act)
- Least
- No minimum term set by the statute
- Most
- 1 year's prison
Or a fine of the fourth category. Other penalties, such as a licence ban or an alcohol-lock programme, can also follow.
The offence is in the Road Traffic Act (Wegenverkeerswet). It is committed by driving after drinking so much that the alcohol level exceeds 220 micrograms per litre of breath or 0.5 mg per millilitre of blood, or lower limits for new drivers in the first years after their first licence (88 micrograms of breath or 0.2 mg of blood).
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