Public violence involves committing violence in a group in public against people or property. This offence is specifically punishable due to the increased threat and intimidation emanating from group violence.
Definition of Public Violence
According to Article 141 of the Criminal Code, it is punishable to use violence openly and in a group against persons or goods. The conditions are:
- Openly - In a place accessible to the public
- In a group - With at least two persons
- Violence - Directed against people and/or possessions
Practical Examples
- Group fights after a sports event in Westland
- Riots during a local demonstration
- Violence by a group in the nightlife
- Damage to property by a crowd in shopping streets
- Incidents during village festivals or events
Penalties
- Standard offence: Up to 4 years and 6 months imprisonment
- In case of serious injury: Maximum 6 years imprisonment
- In case of death as a result: Up to 9 years imprisonment
Participation in Violence
It is not necessary that you yourself have used physical violence to be punishable. Active involvement with the group, such as encouraging or supporting, can already lead to liability.
Difference with Assault
Assault involves violence by one individual, whereas public violence concerns violence by a group. Both offences can be prosecuted simultaneously.
Group Liability
In group violence, it is often difficult to determine who did what. The law therefore provides that participation in the group itself is punishable, regardless of the specific role of an individual.