In dit tweeluik zal aan de hand van rechtspraak worden geïnventariseerd of ten aanzien van (a) het bewijzen van kartelafspraken en (b) de wijze van toerekening, we op het eerste oog kunnen spreken van een convergente toepassing van het kartelverbod door de Nederlandse bestuursrechter en de civiele rechter.

The victim’s position in Dutch criminal law has been strengthened. There has been an emancipation of the victim in criminal law. However, not much attention is being paid on the role and position of the victim in the Dutch administrative procedure. This article explores the scope of what is called ‘Administrative victimology’. Administrative victimology is an empirical science that deals with the position and legal role of the victim in the administrative procedure. It is expected that this ‘new’ type of victimology will become more important in the years to come.

Tegen de achtergrond van de reeds aangekondigde integrale herziening en modernisering van de zedenmisdrijven in het Wetboek van Strafrecht en in relatie tot recente en in voorbereiding zijnde strafbaarstellingen op zedengebied brengt de auteur in deze bijdrage een aantal ‘zorgen om zeden’ voor het voetlicht. De auteur wil de wetgever daarmee handvatten aanreiken om de zedentitel inhoudelijk en systematisch tot een helder en werkbaar geheel om te vormen

In The Netherlands not much attention has been paid towards the relationship between domestic violence and organized crime. In this contribution the question is addressed why this is. One of the answers is that there is doubt about the moral status of the victim of organized crime: it assumed that the victim has benefited from the proceedings of organized crime. When domestic violence and involvement with organized crime by one of the family members come together, the case becomes more complex and difficult to deal with. For that reason professionals and researchers should pay more attention to the overlap of both phenomena.

At first sight there seems to be a strong relationship between crimmigration and the criminology of administrative law enforcement. However, a further analysis shows that crimmigration fits more in the concept of the so-called integrated science of criminal justice. Crimmigration can be identified as an interdisciplinary concept, while the criminology of the administrative law enforcement should be classified as an empirical discipline. Nevertheless, both concepts complement each other with regard to the socio-scientific study of the practice of immigration law.

Three cases of sexual violence with two teenagers and one young woman as dead victims have put – besides the indescribable sufferings of themselves, their families, friends and acquaintances – a heavy burden on Dutch collective memories of the year 2017. Dutch society commiserated on a massive scale: volunteers helped searching, thousands united in silent marches and more than 400 thousand citizens signed an online petition that emotionally called for a firm revision of the ‘failing justice system’. In this article we explore the deeper social, personal and cultural elements that gave media messages their strong emotional impact in Dutch society.

There is no such thing as the feeling of unsafety. The trend in feelings of unsafety is measured using a standard question that has figured in the successive Safety Monitors (Veiligheidsmonitors) for many years: ‘Do you occasionally feel unsafe?’ This general question formulation elicits information on how uneasy the Dutch feel about safety. The nature and burden of this unease may vary greatly among them. The authors’ analysis shows that crime-specific measures of fear of victimization differ fundamentally from both cognitive assessments (risk perception) and general measures of feelings of unsafety. Hence, people who occasionally feel unsafe do not automatically think or fear that they will fall victim to crime and vice versa. Consequently, the authors identify four main constellations of subjective safety which emerge in different population groups, some more burdened by fear of victimization than others. The authors argue that policy should at least seek to reduce the most serious problems. They propose personal fear of victimization as an alternative for general feelings of safety.

Women are less likely to commit criminal acts than men. This gender gap appears to be particularly pronounced in white-collar crime. This systematic literature review examines existing theories, such as the situational hypothesis and the ‘gendered theory of focal concerns’ and evaluates to what extent they find support in empiricism. The results seem to offer the most support to the ‘gendered theory of focal concerns’. This nourishes the hypothesis that with an increase of women at positions in the upper tiers of the company ladder a decrease in the prevalence of white-collar crime can be expected. However, it is also possible that the explanation of corporate crime does not lie in a lack of femininity, but in a lack of gender diversity. Furthermore, limited access to informal criminal networks, the ‘old boys networks’, seems to play an important role in the gender gap of white-collar crime.

The article examines the public debate about New Year’s Eve in Cologne in 2015. Theoretical starting point is the idea that public debates are forms of social communication in which reality is produced and social events become meaningful. On the basis of a framing analysis, it is investigated what significance New Year’s Eve in Cologne has as a medial event for society. The question here is how the event is described and explained, how it is mentioned and interpreted, what significance it collectively receives and how these insights can be theoretically interpreted. The analysis shows that different frames were possible, such as the problematization of the work of the police. Instead, the discourse focused on the sexual behaviour of refugees and securitization and sexualisation of migration takes place.

In 2017 sexual behavior is more and more an online thing. It fits with the sexual development of the young to also experiment online with relationships and sexuality, but it is not without risks. There is a growing concern about sexually transgressive behavior online. In this article we describe the online sexual behavior of young people and the possible risks involved, such as sexually transgressive behavior and we name attention points for prevention and approach.

In the Netherlands violence in dependent relationships is handled ‘gender neutral’: it is assumed that men and women can both be perpetrator and victim of this violence. A gender neutral approach does not hinder gender sensitivity. With gender sensitivity it is about the question whether sufficient account is taken with gender aspects. In this article the authors look into what is on offer for the men. Although regular welfare organisations, private organisations and local self-help organisations are involved, until now there is is no structural offering of methodologically well substantiated activities.

Restorative Justice is not evident in cases of intimate partner violence, but it can take and does take place under certain conditions. Wolthuis and Lünnemann explain about the European research they coordinated in six European countries (Austria, Denmark, Finland, Greece, the Netherlands and the UK) on context and practicalities of the use of victim-offender mediation in such complex cases. Cases dealing with violence of mainly men against women and where power imbalances often play a role. That means that mediators, referrers and others involved should know about this complexity and the needs of participants. Austria and Finland turned out to have the most experienced working methods. Their models, good practices and challenges are presented as well as the main outcomes of the research. Interviews and focus groups in the countries gave additional insights. It resulted in a guide with minimum standards addressing the different stages of a mediation process with extra attention for safety and empowerment.

On 1 January 2009, the Dutch Temporary Restraining Order Act (Wth) entered into force. This act allows mayors to impose a ten-day restraining order (which may be extended to 28 days) on (potential) perpetrators of domestic violence, which prohibits these perpetrators from entering their own house and contacting their partner and/or children. During the restraining order everyone involved (evicted persons, those who stay behind and children) is offered a range of support and intervention measures. The law requires that within five years after its entry into force the Dutch parliament is informed of the effectiveness. To this end, a study was conducted between September 2011 and August 2013. The aim of this impact assessment is to gain insight in the effectiveness of the restraining order and the support services that are connected to it. The study was designed as a quasi-experimental study with an intervention group (restraining orders) and a control group (similar situations in which no restraining order was imposed). The study shows that the restraining order is associated with less incidence of new domestic violence. After imposing a restraining order new domestic violence occurs less frequently, and in case it does occur, fewer incidents occur than in (comparable) situations where no restraining order was imposed. The main explanation for the correlation found between the restraining order and the lower incidence of new domestic violence seems to lie in the support that is offered after the imposition of a restraining order. Moreover, the support seems to be more effective in the more serious cases than in the lighter cases. The degree in which antecedents of the evicted person are present and whether or not the evicted person is criminally prosecuted are not related to a lower degree of repeated domestic violence.

On January 1, 2009 the Temporary Restraining Order Act entered into force allowing mayors to impose a ten-day restraining order on potential perpetrators of domestic violence. This restraining order, which may be extended to 28 days, prohibits the perpetrator from entering his or her house as well as from contacting the persons staying behind in the home (partner, children, or other members of the household). In order to impose a temporary restraining order, risk factors relating to the perpetrator, the incident, and the family have to be assessed using a domestic violence risk assessment tool (RiHG).The immediate cause to introduce the Act was to enable mayors to take action in situations that, before, would not have given police just cause to intervene because no offences had (yet) been committed. However, evaluations show that temporary restraining orders are mainly imposed in conjunction with criminal proceedings. Yet, researchers suggest that the temporary restraining order may be imposed as a truly preventive measure in a large amount of situations that until now have not been considered (for instance, situations that have not escalated into physical violence). This article examines whether such preventive restraining orders exist within a sample of imposed orders and if so, what characteristics they share.Results show that truly preventive restraining orders are extremely rare. Closer inspection of cases that according to the available risk assessment were not notably violent showed that most of these cases could not be regarded as cases of truly preventive restraining orders. The discussion of the article focuses on the implications of these results for the suggestion that a large number of situations could be suitable for imposing a preventive restraining order.

The position of victims of crime has shown marked improvement over the past 30 years. The rise of the victim has been associated with the growth of a unified ‘victim movement’; a social movement that strives to improve the position of victims of crime. However, it is questionable whether the victim movement should be viewed as a unitary phenomenon. Instead of one movement, there appear to be a number of victim movements. There are differences between the victim advocates in the United States, Victim Support in Europe, the violence against women movement and proponents of restorative justice.. In this article, reasons for these differences are sought in victim-endogenous factors: differences in victims’ characteristics and the idealtypes employed by the different movements are an important explanation for the divergent development in organisations representing victims interests, which in turn influences their policy preferences. It is argued that advocates of restorative justice would benefit from understanding both the reality and the distortion involved in the idealtypes, including their own. This would allow proponents of restorative justice to adapt their practices in a manner that is both suitable and convincing to the representative and target group of the different victim movements.

Intimate partner violence (IPV) changed from a private problem to a public concern over the last decades. It has become subject of various discourses in different domains. In the social sciences the gender-based discriminatory nature of IPV is contested by some researchers who claim a gender equality in IPV. They call for a gender-neutral approach to IPV as a family problem, de-contextualized from gender-based inequalities. In the Netherlands this degendering is reflected in current policy discourse. However, in the international legal human rights domain, IPV is unequivocally considered to be an issue that affects women disproportionately as a form of women's discrimination that is the result of unequal power relations. Both international binding human rights law and recent ruling of the ECHR impose binding duties to acknowledge this. This article addresses the paradox that is reflected in these two positions and how to get beyond it.

The author advises the protagonists of restorative justice to become less paradigmatic and more pragmatic in their approach of criminal justice and victims needs and interests. The offer of a restorative procedure is not suitable for all victims, nor for all thinkable moments after the event of a crime. Tailoring is needed to make each victim the best offer, and the utility of restorative justice is important, but limited. The author believes that much of the restorative justice literature is aiming at proving the superiority of restorative justice practices above any other type of intervention or service, and he feels that this is partly why restorative justice has not been well received in the Netherlands. A piecemeal implementation of mediation and conferencing in the sphere of criminal justice might be served by being less paradigmatic.

Increasingly, instruments for risk assessment have been used for the assessment of future violence. This article provides an overview of the risk assessment instruments that are used in the Netherlands for the prediction of criminal recidivism. The quality of these instruments is regarded by examining studies on the interrater reliability and the predictive validity. The benefits as well as the limitations of risk assessment instruments are discussed. It is concluded that these instruments can be valuable, especially for research on treatment effects in the field of forensic psychiatry. On the other hand, it has to be acknowledged that with risk assessment instruments, the possibility to predict criminal recidivism on individual level is still limited. Psychologist and psychiatrists, presenting a mental health assessment to the court, have to inform the judge correctly about these limitations.