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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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