De systematiek van de vermogensdelicten

This research intends to give further insight in the legal system of offences against property. It purports to uncover the served interests and to reveal procedural implications. It has been examined how the original system has developed and what the consequence thereof are. The research provides an answer to the question whether the differentiated criminalisation of offences against property currently laid down in the Dutch Criminal Code should be maintained.The legislature has explicitly chosen for differentiation and it is has intended to clearly delineate the different offences against property. What the reason for the differentiation was is not very clear. The differentiation appears to be based, in particular, on historical and practical arguments. Soon after the implementation of the Criminal Code, the offences against property were interpreted rather functionally. This development has caused the boundaries between the different offences against property to shift or become diffuse, in the sense that currently an overlap exists between the various offences. English law has been analysed to determine whether a different legal system could serve as a reasonable alternative. That seems not to be the case. The current problems are clear. They can be dealt with by accepting the overlap among the offences against property. Joining existing offences in new criminalisations will pose new and unforeseen problems. It is, however, recommended that – using the German system as an example- the Supreme Court of the Netherlands allows alternative conclusions that charges have been proved to prevent unjust acquittals or inaccurate convictions. This could be done within the existing system.

Dissertation: http://hdl.handle.net/11370/e5af814c-f61b-4af7-b7b1-2eadf9f7dc34