Dangerousness and disorder: reconsidering preventive detention in Dutch criminal law
PhD student: Mrs E.E. Nauta
Promotors: G. Meynen, J. Bijlsma, F. de Jong, L. Dalhuisen
Duration: 15/11/2019 - 14/11/2023
The most severe security measure in Dutch criminal law is the TBS order, which allows for indeterminate preventive detention of dangerous offenders. According to Article 37a of the Dutch Criminal Code, the TBS order can only be imposed on dangerous offenders who suffer from a mental illness. The criminal law thus relates dangerousness to mental disorder. However, empirical research does not show a strong connection between mental illness and crime. This begs the question: why is the imposition of preventive detention limited to the specific group of dangerous offenders who suffer from a mental illness? Are alternative forms of preventive detention preferable?
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