Criminal Code of the Kingdom of Netherlands (1881, as amended 2007)

(Unofficial translation, emphasis added)

Information related to Hate crimes

In the Netherlands, hate crimes are addressed as ‘criminal offences with a discriminatory aspect’. The framework for discrimination investigation and prosecution is set based on guidance from the Public Prosecution Service (Aanwijzing Discriminatie). This guidance document states that prosecutors should demand for a higher sentence (+100%) if the crime in the case is committed with a discriminatory aspect.

Currently a draft bill is pending before the Dutch Parliament, aiming to introduce a criminal provision of general application by which a discriminatory aspect is a circumstance that can raise the statutory maximum penalty by one-third for committed criminal offences under ordinary criminal law. When a discriminatory aspect is proven, the maximum term of imprisonment imposed on the offence concerned may be increased by one third.  When this bill enters into force, it can be seen as a codification of the existing discrimination policy to demand higher sentences in case of hate crimes (criminal offences with a discriminatory aspect). This bill will make the data collection of hate crimes more organized and complete.

There is also a draft bill that aims to include the term "hetero- or homosexual orientation” in the specific discrimination offenses included in the Criminal Code (Articles 137c to 137f and 429quater) - which by their nature have a discriminatory character - replaced by “sexual orientation” and the term “physical, mental or intellectual disability” by “disability”. The proposed suggestion is in line with the recent amendment to Article 1 of the Constitution by Act of 10 2023 (Stb. 2023, 62), in which indirect disability and sexual orientation have been selectively added as non-discrimination grounds. Moreover, this draft bill adds the category ‘sex’ to article 137c (group defamation) and article 137e of the Criminal Code. In this draft bill is mentioned more specific that sex also means ‘gender identity’, ‘gender expression’ and ‘sex characteristics’.

Excerpts related to Hate speech offences

Article 137c

1. Any person who in public, either verbally or in writing or through images, intentionally makes an insulting statement about a group of persons because of their race, religion or beliefs, their hetero- or homosexual orientation or their physical, mental or intellectual disability, shall be liable to a term of imprisonment not exceeding one year or a fine of the third category.

2. If the offence is committed by a person who makes a profession or habit of it or by two or more persons in concert, a term of imprisonment not exceeding two years or a fine of the fourth category shall be imposed.

Article 137d

1. Anyone who publicly, orally or in writing or image, incites hatred or discrimination against men or violence against person or property on the grounds of their race, religion or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental, shall be punished with imprisonment not exceeding one year or fine of the third category.

2. If it is committed by a person who makes a profession or habit or by two or more persons shall be imprisonment not exceeding two years or a fine of the fourth category.

Section 137e

1. Any person who, for any reason other than the provision of factual information:

1°. makes public a statement which he knows or should reasonably suspect to be insulting to a group of persons because of their race, religion or beliefs, their hetero- or homosexual orientation or their physical, mental or intellectual disability, or incites hatred of or discrimination against persons or violence against their person or property because of their race, religion or beliefs, their sex, their hetero- or homosexual orientation or their physical, mental or intellectual disability;

2°. sends or distributes, without request, an object which he knows or should reasonably suspect to contain such a statement to another person, or has such object in store for public disclosure or distribution;

shall be liable to a term of imprisonment not exceeding six months or a fine of the third category.

2. If the offence is committed by a person who makes a profession or habit of it or by two or more persons in concert, a term of imprisonment not exceeding one year or a fine of the fourth category shall be imposed.