Criminal acts are not always carried out by a single person. Criminal law distinguishes various forms of participation, such as complicity, incitement, and aiding and abetting, each with specific criteria and penalties.
Types of Participation
In the Criminal Code, various forms of participation in criminal offenses are designated:
Summary
| Type | Article | Role | Penalty |
|---|---|---|---|
| Perpetration | 47 para 1 sub 1 | Carry out oneself | Full |
| Induce perpetration | 47 para 1 sub 1 | Have another carry out (not punishable) | Full |
| Complicity | 47 para 1 sub 1 | Joint execution | Full |
| Incitement | 47 para 1 sub 2 | Induce another to perpetrate | Full |
| Aiding and abetting | 48 | Provide assistance | Max. -1/3 |
What is Complicity?
Complicity means that two or more persons consciously and intensively collaborate in the commission of a criminal offense.
Conditions
- Conscious collaboration: participants are aware of each other's role
- Intensive collaboration: joint execution with significant contribution
- Double intent: intention to collaborate and to commit the offense
Practical Examples of Complicity
- Jointly committing a burglary, where one person breaks in and the other warns
- Jointly physically assaulting someone
- Jointly transporting narcotic drugs
No Need for Full Participation
It is not necessary for every co-perpetrator to perform all acts; a significant contribution to the offense suffices.
Incitement: What Does it Entail?
Incitement means that someone induces another to commit a criminal offense by using certain means.
Means of Incitement (art. 47 para 1 sub 2)
- Gifts or financial rewards
- Promises of advantage
- Abuse of authority
- Physical violence
- Threats
- Deception or misleading
- Offering opportunities, tools, or information
Conditions for Incitement
- Use of a specific inciting means
- The criminal offense must actually have been committed
- Direct connection between incitement and the offense
Aiding and Abetting: Assistance in a Crime
Aiding and abetting means that someone intentionally provides support in the commission of a crime.
Two Variants
| Type | Moment | Example |
|---|---|---|
| Concurrent aiding and abetting | During the offense | Warning during a burglary |
| Prior aiding and abetting | Before the offense | Supplying tools for a robbery |
Penalty for Aiding and Abetting
The maximum penalty for aiding and abetting is the maximum of the principal offense, reduced by one third.
Complicity versus Aiding and Abetting
| Criterion | Complicity | Aiding and Abetting |
|---|---|---|
| Role | Equal | Supportive |
| Contribution | Essential | Secondary |
| Penalty | Full | -1/3 |
| For infractions | Punishable | Not punishable |
Impact in Practice
Whether someone is regarded as a co-perpetrator or accessory has a major influence on the penalty. This depends on the specific contribution to the criminal offense.
Local Information for Westland
For legal support in Westland, you can go to the Juridisch Loket Westland. For cases that go to court, Westland falls under the District Court of The Hague.