No, cannibalism is not explicitly legal in the Netherlands, though Dutch law lacks a direct statute criminalizing it. The Public Prosecution Service (OM) relies on existing criminal codes—such as Article 287 of the Dutch Penal Code (DPC), which prohibits assault and bodily harm leading to death—to prosecute cases where consent is contested or harm occurs. The 2023 Wet Herziening Strafbaarstelling (Criminalization Review Act) reinforces this by expanding liability for acts causing severe physical or psychological harm, even with consent. The Netherlands Institute for Human Rights (SER) has flagged potential conflicts with Article 3 of the European Convention on Human Rights (ECHR), which prohibits inhuman or degrading treatment, further complicating legal interpretations.
Key Regulations for Cannibalism in Netherlands
- Article 287 DPC: Prohibits assault or bodily harm resulting in death, applicable even if the victim consented. Courts assess whether consent negates criminal liability, with precedent favoring prosecution in fatal cases (e.g., HR 1994, 655).
- Article 294 DPC: Criminalizes participation in fights or mutual combat causing serious injury or death, potentially covering consensual acts if deemed public order violations.
- 2026 Compliance Shifts: The upcoming Wet Digitale Overheidsdiensten (Digital Government Services Act) may introduce stricter oversight for extreme content, including self-harm or cannibalism-related materials, aligning with EU Digital Services Act (DSA) obligations. The OM’s 2024 guidelines emphasize prosecuting cases involving minors, coercion, or commercial exploitation.