Under the legislation, not only the commission of a completed crime is punishable. An attempt to commit a crime and, in some cases, the preparation thereof can also lead to punishment. However, the legislation sets strict conditions for both situations.
Attempt to Commit a Crime (art. 45 Sr)
An attempt to commit a crime is deemed punishable when the perpetrator's intent becomes clear through the commencement of execution.
Conditions for a Punishable Attempt
| Condition | Explanation |
|---|---|
| Intent | The perpetrator must have had the intent to complete the crime |
| Commencement of execution | Acts that are clearly aimed at completing the crime |
| Not completed | The crime has not been fully executed |
What constitutes a commencement of execution?
When do we speak of a commencement of execution?
- A burglar who tries to break open a door but is interrupted
- Someone who approaches a victim with a weapon but is stopped
- A robber who enters a store with a mask but flees
Penalty for Attempt
The maximum possible penalty for an attempt is the maximum for the completed crime reduced by one third.
| Crime | Maximum completed | Maximum attempt |
|---|---|---|
| Manslaughter | 15 years | 10 years |
| Theft | 4 years | 2 years 8 months |
| Murder | Life/30 years | 20 years |
Voluntary Withdrawal
If a perpetrator voluntarily desists from his plan, the attempt is not deemed punishable.
Conditions
- The withdrawal must be voluntary (not due to external factors)
- The crime must not yet have been completed
- The perpetrator must himself have prevented the crime from being completed
Examples
- Voluntary: A burglar who regrets and leaves
- Not voluntary: A burglar who flees because he hears an alarm
Impossible Attempt
In some cases, the completion of a crime is objectively not feasible.
Absolutely versus Relatively Impossible
| Type | Explanation | Punishable? |
|---|---|---|
| Absolutely impossible | Could never succeed | No |
| Relatively impossible | Not possible in this situation | Yes |
Examples
- Absolutely: Trying to 'kill' someone with a fake weapon (not punishable)
- Relatively: Shooting at an empty bed under the assumption that someone is lying in it (punishable)
Preparation of Crimes (art. 46 Sr)
For serious crimes, the preparation may also be punishable.
Conditions
- It concerns a crime with a penalty of 8 years or more
- The perpetrator has intentionally made available means, information or money
- These are intended for the commission of the crime
Penalty for Preparation
The maximum penalty is half the penalty for the completed crime (maximum 15 years).
Differences between Attempt and Preparation
| Characteristic | Attempt | Preparation |
|---|---|---|
| Stage | Commencement of execution | Preparatory actions |
| Punishable for | All crimes | Only crimes with ≥8 years penalty |
| Penalty | Max. penalty -1/3 | Max. penalty -1/2 |
Frequently Asked Questions about Crimes in Westland
When is an attempt to commit a crime punishable?
An attempt is punishable when the perpetrator had the intent to commit the crime and has already begun its execution. This means that concrete acts have been performed that are aimed at completing the crime, such as forcing a lock. However, the crime must not have been completed. For example: if someone tries to break open a window but is caught, this is a punishable attempt.
What happens in case of voluntary withdrawal?
If the perpetrator voluntarily desists from the crime before it is completed, the attempt is not deemed punishable. However, this must be voluntary and not due to external circumstances such as an alarm.
What is the difference between attempt and preparation?
An attempt concerns the commencement of the execution of a crime, while preparation is only punishable for serious crimes (with a penalty of 8 years or more) and involves making available means or information for the crime.
Is an impossible attempt punishable?
This depends on the type of impossibility. An absolutely impossible attempt, such as shooting with a toy gun, is not punishable. A relatively impossible attempt, such as shooting at an empty bed while thinking someone is lying in it, is punishable.
Where can I get legal assistance in Westland?
For legal support, you can contact the Juridisch Loket Westland. In addition, the Rechtbank Den Haag handles cases in this region.