Samenvatting

There is a strange contradiction in the history of Dutch criminal justice. On the one hand, until well into the 20^th Century, it was peculiarly backward in terms of criminal procedure that remained based on principles deriving essentially from the era of the first Dutch republic (17^th and 18^th Century) or even earlier. On the other, The Netherlands was one of the first countries in Europe to lastingly abolish capital punishment without the intermediate phase of continuing executions out of public view. In this, Dutch criminal justice was decidedly ahead of its times. This contribution examines this apparent contradiction that cannot be entirely explained by existing theories on (the abolition of) capital punishment. It must also be seen in the light of the historical role of publicity/transparency for the legitimacy of criminal justice in the Netherlands, its link to a legal culture of public confidence in the criminal justice authorities and the relatively late reception of Enlightenment ideals.