Criminal Law and Criminology
The academic and research activities conducted by the Department of Criminal Law and Criminology focus on criminal law, criminal procedures and criminology in its current European context. Criminal (procedural) law has transitioned from a relatively pure national institution to a multinational power whereby the primacy of law enforcement no longer exclusively lies with Dutch institutions. Whereas in the 1950s the EVRM held primary influence, the decades that followed saw an increasing number of conventions and the undeniable appearance of the European Union on the criminal justice scene.
In addition to this influence, which examines the origins of criminal law and the factors that impact criminal law, a new development has emerged in which society expects more from its criminal justice system. Whereas criminal law was predominantly viewed as a system of last resort in the 1970s, politicians these days cannot employ the system fast enough. This development can be partly attributed to the fact that criminal law as applied in the Netherlands is no longer exclusively and inherently Dutch and that very different sentiments may exist outside the country regarding the applicability of criminal law as an instrument for control. The European Commission, for example, hopes to exercise its influence over prosecution policy and it has also become evident that the national justice systems and the European Court of Human Rights (EHRM) are not the only institutions subject to criminal investigations. The High Court and international courts of law also make rulings subject to such inquiries. The speeches made by Van Spronken (A place of greater safety, 2003) and Klip (EU criminal law, 2004) are testaments to the great changes taking place in the field of criminal (procedural) law.
The research conducted by the department centres around three key points whereby the two legal pillars (substantive criminal law and criminal procedural law) are strongly oriented towards the field of European criminal law. Operating in parallel to these pillars is the field of criminological research.
The criminological research focuses primarily on the aforementioned fundamental developments emerging within the criminal justice system. By evaluating the mechanisms of legislation and law enforcement, these developments and their ensuing consequences can be examined and explained. This evaluation is interdisciplinary in nature in that it involves research developed and conducted by criminologists and forensic psychologists at Maastricht University and also includes activities carried out by The Maastricht Forensics Institute (TMFI).
Criminological research is not confined to crime control, but also necessarily focuses on the nature, severity, and extent of different forms of crime. Research concentrates on the interface between organised crime and organisational crime, in particular the fields of fraud, corruption and money laundering.
The department offers courses in criminal law and criminology for the Dutch Law, European Law School and Tax Law bachelor and master’s programmes. A criminal law profile has been developed in the Dutch Law master’s programme for students with a special interest in this field. The department is in charge of and closely involved in the Dutch and English track of the Forensics, Criminology and Law master’s programme. The department also offers courses for other master’s programmes including Globalisation and the European Law School.
