All cases that flow out to the court of first instance in the year in question. (from 01-01-2001)

The prosecution can bring a case to court. This makes a decision in the case, for example a guilty declaration with penalty or dismissal of (all) legal proceedings. If a suspect has been found guilty, the judge may decide to impose a single sentence or measure or a combination of penalties and measures. As a result, the number of penalties imposed exceeds the number of guilty declarations. This data draft contains court criminal cases that have been settled by the court of first instance, the characteristics of the case such as the nature and content of the judgment and the date of final decision, the characteristics of the suspect such as the RIN number and the type of suspect and the characteristics of the offence such as the date of commission and the nature of the crime. The component includes both natural and legal persons. More information on how to access the data: > https://www.cbs.nl/nl-nl/onze-diensten/maatwerk-en-microdata/microdata-zelf-onderzoek-doen ### Methodology The component is unique on case number and serial number. A person may appear in the component several times if multiple cases against this person have been flown out in the court of first instance. When determining the type of crime, the most serious fact in the case is considered. This is determined on the basis of the fact that the law contains the highest penalty. In the event of equal penalties, the former shall be taken. Based on the most serious fact, the classification according to standard classification of crimes 2010 is made. The decision of the judge looks at the decision at case level. In doing so, the decision is not taken into account individually, but in the case as a whole. It may be that the heaviest fact is dropped while the suspect is found guilty for a lighter fact. At case level, there is then a declaration of guilt. In mid-2008, the early release was replaced by conditional release. In the case of early release, part of the sentence was not required by default. In the case of conditional release, penalties may be released for a period of one to two years after they have served one year plus a third of the remainder of the sentence. Two-thirds of sentences for more than two years must be served. There are conditions attached to this. If the convicted person fails to comply with the conditions, the release may be adjusted, postponed or revoked. The scheme is less generous than early release. ### Population The outflow at the court of first instance is determined by selecting all cases with at least one primary court event whose date of the final judgment is in the relevant year. In doing so, the file contains all court criminal cases that have been settled by the court of first instance in the year under review. These criminal cases were either registered with the Public Prosecutor’s Office (Public Prosecutor’s Office) or the Public Prosecutor’s Office in the reporting year or in an earlier year. For the most part, court criminal cases concern crimes. However, a very specific part of the crimes (poaching and some environmental and drug offences) is not part of this, as they are dealt with by the canton sector. In addition, some offences (landwalking, begging, in the economic sphere or in combination with crimes) are dealt with by the criminal sector (around 1.3 % of court criminal cases in recent years). This concerns cases from two systems of the Public Prosecution Service: Communication system Public Prosecutor’s Office Administration (COMPAS) and Integrated Process System (GPS). The latter has been gradually introduced by the public prosecutors since 2008. These are all cases that are brought before the court and where a final decision is taken by the judge. This means that cases in which the court decides to refer the case to another forum or annul the summons are not taken into account. In this way of counting, there are also cases for the judge that have already been counted at the outflow of the Public Prosecution Service or earlier to the judge. After all, if an objection is lodged against a penalty order or the execution of a penalty order fails, the Public Prosecutor may summon the case or summon the case at the hearing in response to opposition. A case may be merged with another case at the hearing by the judge. The decision in this first case is then &joining at court &#039, while the decision in the other case is slightly different. Joinings at court are not included in the figures of the outflow right. The judgment in the case to which it is joined will be taken into account.检察机关可向法院提起诉讼。法院将就案件作出裁判，例如作出有罪宣告并处以刑罚，或是裁定驳回（全部）诉讼程序。若犯罪嫌疑人被认定有罪，法官可决定判处单一刑罚或处分，或是多项刑罚与处分的合并适用。由此可见，实际判处的刑罚数量多于有罪宣告的数量。 本数据集涵盖一审法院（court of first instance）审结的刑事诉讼案件，包含案件相关特征（如裁判性质与内容、终局裁判日期）、犯罪嫌疑人相关特征（如RIN编号（RIN number）、嫌疑人类型）以及犯罪相关特征（如作案日期、犯罪性质）。该数据集的样本同时包含自然人和法人。 更多数据获取方式详见：https://www.cbs.nl/nl-nl/onze-diensten/maatwerk-en-microdata/microdata-zelf-onderzoek-doen ### 方法论 本数据集以案件编号与序列号作为唯一标识。若同一主体涉及多起一审审结案件，则可在数据集中多次出现。 在认定犯罪类型时，将以案件中情节最为严重的事实为依据。该依据以法定最高刑为判断标准；若法定最高刑相同，则以先出现的事实为准。基于该最严重情节，将依据2010年犯罪标准分类法完成案件归类。 法官的裁判以案件整体为评价单元，而非单独考量单个指控。实践中可能出现如下情形：法官虽未认定最严重的犯罪情节，但仍以较轻情节认定犯罪嫌疑人有罪，此时案件层面将作出有罪宣告。 2008年中期，提前释放制度被附条件释放制度取代。提前释放制度下，默认无需执行部分刑期。附条件释放制度下，服刑满一年且剩余刑期的三分之一已执行完毕后，可获得1至2年的假释。刑期超过两年的罪犯，则需执行至少三分之二的刑期。该假释制度附有相应条件，若服刑人员未遵守条件，假释可被调整、延后或撤销。该制度相较于提前释放制度更为严苛。 ### 统计范围 一审结案案件的筛选标准为：选取所有包含至少一起核心庭审程序且终局裁判日期处于统计年度内的案件。本数据集包含统计年度内由一审法院审结的全部刑事诉讼案件，这些案件要么在统计年度内，要么在更早的年份，由检察机关完成立案登记。 绝大多数一审刑事案件属于常规犯罪范畴，但极少数特定犯罪（如偷猎、部分环境犯罪与毒品犯罪）未被纳入本数据集，此类案件由州（专区）司法部门管辖。此外，部分违法行为（如擅自进入私人领地、乞讨、经济领域违法或与犯罪结合的违法行为）由刑事法庭管辖（近年约占一审刑事案件总量的1.3%）。 本数据集的案件来源于检察机关的两套系统：检察机关管理通信系统（COMPAS）与集成办案系统（GPS）。后者自2008年起由检察机关逐步推广应用。 本数据集涵盖所有提交至法院并由法官作出终局裁判的案件，这意味着法院决定移送至其他管辖法院或撤销传唤的案件均未被纳入统计范围。 在本统计口径下，部分案件此前已在检察机关结案或此前已移送至法官环节，此次仍会被纳入统计。具体而言，若对刑罚命令提出异议，或刑罚命令的执行失败，检察机关可就该案件提起诉讼，或在异议听证程序中提请审理。 法官可在庭审程序中合并案件。此时，原案件的裁判结果将显示为“庭审合并”，而另一案件的裁判结果则略有不同。庭审合并的案件不计入结案统计数据，仅将被合并案件的裁判结果纳入统计范围。