What is military criminal law?
Military criminal law is criminal law specifically for people employed by the Ministry of Defence. This includes service members, such as soldiers, officers, and other members of the armed forces (hereinafter: service members). In addition to ordinary laws, extra rules apply to service members. For example, they may not simply refuse to carry out an order or leave a location without permission. Military criminal law is therefore specifically intended to ensure order, discipline, and safety within the Ministry of Defence.
What are examples of military criminal offenses?
Military criminal offenses are infractions or crimes related to the work and duties of a service member. Examples include:
- Desertion (abandoning duty)
- Refusing an order
- Drunkenness while on duty
- Losing weapons or ammunition
- Endangering a mission
These matters are taken extra seriously because they can affect the safety of others and the functioning of the military as a whole.
Does military criminal law also apply abroad?
Military criminal law also applies when a service member is abroad, for example on a mission. This is important because service members are often deployed. Even abroad, they can be held accountable for their (mis)conduct according to Dutch military law. In some cases, you may even have to deal with both foreign and Dutch law.
What is the difference between ordinary criminal law, military criminal law, and military disciplinary law?
These three are similar, but there are clear differences. Ordinary criminal law applies to all citizens, while military criminal and disciplinary law are additional for service members. Military disciplinary law exists for minor infractions. Think of arriving late, unprofessional behavior, or wearing an incorrect uniform. Military criminal law applies in the case of more serious offenses. Disciplinary law usually does not lead to a criminal record, whereas criminal law does.
Who handles military criminal cases?
Military criminal cases are handled by the military chamber of the court in Arnhem. This military chamber is part of the regular criminal justice system and includes a military cantonal judge, a military police judge, and a multi-judge military chamber. When a service member is tried by the multi-judge military chamber, it consists of two judges and one military member. As a result, the court looks not only at the law but also at how it works in military practice. The military chamber assesses cases based on both general criminal law and military law.
Even when a service member commits a criminal offense outside of duty hours, such as assault, they must appear before the military chamber. The law makes no distinction between duty time and private time regarding the jurisdiction of military criminal law.
What happens if a service member is suspected of a criminal offense?
The military prosecution process does not differ substantially from the ordinary prosecution process. Just like with ordinary citizens, the Royal Netherlands Marechaussee or police can arrest and interrogate a service member. The public prosecutor then decides if there is enough evidence for prosecution. Sometimes the service member must temporarily stop working, or they are reassigned. In serious cases, the service member can be detained until the case goes to court. It is therefore very important that you are properly assisted by a criminal defense lawyer.
Does a service member have the right to a lawyer?
Yes, as a service member, you also have the right to a lawyer. This applies from the moment you are suspected of a criminal offense. You are allowed to have a lawyer with you during an interrogation. And it is also important that you are defended during the trial. A lawyer ensures that your rights are protected and that you are treated fairly. This also applies if you are on a mission or are suspected of a criminal offense abroad.
Why is it wise to hire a lawyer if you are suspected of a military criminal offense?
It is wise to hire a lawyer because military criminal law has specific rules, and procedural errors can have major consequences for your career and future. For example, you could get a criminal record, be discharged from service, or even be sentenced to prison. A specialized criminal defense lawyer knows the military laws and understands how the justice system works in these cases. Your lawyer will provide a strong defense, ask the right questions, and investigate whether an acquittal is possible in your criminal case. Please contact us without obligation to discuss the possibilities together.
