There are two very marked differences between the administration of
justice in Holland and in England. The first is that what are called
'petty offences' are not tried and disposed of summarily in the former
country. There the offender in such cases is subjected to a process known
as 'verbalization'--that is, his name, address, age, and all particulars
of the offence are noted by the police; and he is thereupon informed that
he will be called upon to give an account of himself later. A week or two
may pass before the offender receives verbal or printed notice requiring
his presence before the Court of the Cantonal Judge, which answers
somewhat to the English Police Court. This delay in the administration of
justice is regarded as a great defect even in Holland, and one which is
more and more being recognized. The establishment of the Police Court as
known and conducted in England is felt, therefore, to be a great
_desideratum_, and it is by no means unlikely that it may be introduced
before long, since the Dutch have always shown themselves ready to adopt
any modification of their own institutions which the experience of other
countries may prove to be clearly desirable.
The second difference is that trial by jury as Englishmen understand it
does not exist in the Netherlands. But here the Dutch are not likely to
abandon their own tradition. The jury in Holland is composed of
experienced and qualified judges, who are not apt to modify their opinions
as to the guilt or innocence of accused persons owing to the tears of the
latter or the passionate appeals of their advocates. Rightly or wrongly,
the most eminent lawyers in Holland ascribe the often-recurring cases of
miscarriage of justice in some countries which have adopted the jury
system to this system itself, and it is very improbable, therefore, that
in this respect the Dutch will copy any of their neighbours.
The organization of justice in Holland originated in the Code Napoleon,
which was introduced shortly after the country's annexation to the French
Empire. In the judicial system in vogue to-day, which is the result of
modifications introduced at various times during last century, and
particularly by a law of the year 1895, the administration of justice is
vested in the High Court (_Hooge Raad_), the Provincial Courts of Justice
(_Gerechtskoven_), the Arrondissements (_Rechtbanken_), and the Cantonal
Courts (_Kantongerechten_).
Public-domain text, read in full here on John Shaqi.
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