Artikel 113: Criminal justice; disciplinary law; imprisonment; trial outside the Netherlands; criminal law of war

Artikel 113
  1. The trial of offences shall also be the responsibility of the judiciary.
  2. Disciplinary proceedings established by government bodies shall be regulated by Act of Parliament.
  3. A sentence entailing deprivation of liberty may be imposed only by the judiciary.
  4. Different rules may be established by Act of Parliament for the trial of cases outside the Netherlands and for martial law.

Explanation

Please note: Only the Dutch-language version of the Constitution has legal effect. 

Judges rule on acts that have been criminalized and are the only ones authorized to impose imprisonment as a punishment. Disciplinary jurisdiction may only be established by the government by law. Disciplinary jurisdiction is a form of jurisprudence that ensures members of a professional group adhere to the rules of conduct of their profession, such as lawyers, notaries, and medical professionals.

In exceptional cases, the legislature may deviate from these rules. This concerns, for example, the prosecution of criminal offenses outside the Netherlands, such as military personnel abroad.