THE EXECUTOR (THE TOOL) IS NOT THE DOER AND CANNOT BE CRIMINALIZED

The person who orders the action is called a vigeur (power) in the Penal Code, and they are regular perpetrators in the Netherlands.

Examples cited by Remmelink in his conclusion on the judgment of 18 June 1968): H. R. of 3 and 18 December 1849; 12 February 1850, W. 1130:

. . . A father orders his immature son to dig lignite without a permit.” H. R.: You are the doer. A mere child. The Dutch Code, which was born at the end of the 19th century – because the spirit of naturalism influenced it– presupposes that an event where the perpetrator does not act alone and in accordance with that must be provided with a name and mentions it “ordered to do.” It wasn’t impossible then – see M.v.T. – that legislators want to continue the real line: the employer is the “perpetrator,” meanwhile *the executor (tool) cannot be subject to criminal punishment because they are no longer the perpetrator.*

Source:  Book by Mr. J.M. van Bemmelen, entitled: Criminal Law 1 Material Criminal Law General Section, Publisher: Binacipta, page 274.

Best regards,

Fredrik J. Pinakunary