Samenvatting

The regular legal framework in the Netherlands stipulates that criminal cases against young adults are dealt with under adult criminal law. In 2014 the maximum age limit for application of juvenile criminal law was raised to 23 years if the suspect or the circumstances of the offence give reason to do so. This so called ‘adolescent criminal law’ is based on the observation that incomplete neuro-psychosocial development can contribute to the continuation of criminal behaviour. There is lack of clarity in the criterion ‘incomplete development’. Different screening instruments are used. Since development continues, it is more meaningful to ask the question whether and to what extent there is a developmental delay, whether the adolescent can and wants to develop further and whether the treatment and interventions from the juvenile criminal law can be helpful in this regard. This calls for a legal principle of ‘juvenile criminal law unless’.