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The Criminal Justice System of the Netherlands offers an
introduction to our fascinating legal system from a criminal law
angle. The book consists of four parts. Part I covers general
matters, such as the organization of the Dutch criminal justice
system and the latest statistics on crime and punishment. Part II
presents the basics of Dutch substantive criminal law and Part III
discusses our criminal procedure. Lastly, Part IV focusses on the
final stage of the criminal process: sanctions and their
enforcement. Throughout the book, authors highlight aspects of the
criminal justice system of the Netherlands that would be of
specific interest to foreigners. These peculiarities include, for
example, the many powers of the Dutch public prosecutor, the Dutch
position on euthanasia and our (in)famous drug policy. The book
contains several references to case law, websites and more detailed
texts (in English where possible) in order to support readers who
desire a more thorough understanding of a specific topic. The
Criminal Justice System of the Netherlands is recommended to
students taking an introductory course on Dutch criminal law or on
comparative criminal law. It is, however, also an excellent
starting point for foreign researchers who wish to explore the
Dutch criminal law system.
What legal avenues do states have to regulate cannabis cultivations
and trade for recreational use? This question has generated heated
discussions in various societies, in political and academic
discourses. Several states are considering adjusting or have
adjusted their legal and policy approaches towards a more lenient
regulation of cannabis cultivation and trade for the recreational
user market.This book addresses the legal question to what extent
domestic initiatives involving the regulation of cannabis
cultivation for recreational use are compatible with the relevant
UN narcotic drugs conventions and European Union law. To this end,
the book provides a comprehensive and detailed analysis of the UN
Single Convention on Narcotic Drugs (1961), as amended by the
Protocol in 1972, and the UN Convention against Illicit Traffic in
Narcotic Drugs (1988). The relevant European law is also
considered, particularly the so-called Schengen acquis (1985
Agreement and 1990 Implementation Agreement), the Joint Action on
illegal drug trafficking (1996) and the Framework Decision on
Illegal Drug Trafficking (2004). This analysis forms the basis for
an evaluative framework for various initiatives that have advanced
the regulation of cannabis cultivation for reactional use in
several states, such as the 'coffeeshop system' in the Netherlands,
the steps towards legalization of cannabis in several states in the
Americas and Canada and the phenomenon of Cannabis Social Clubs.
This study takes an innovative approach to this issue and
approaches the possibility for regulation of cannabis for
recreational use from the perspective of positive human rights
obligations.
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