Simple Assault in Rijswijk
Simple assault occurs frequently among residents of Rijswijk and is a criminal offense under the Criminal Code. It involves intentionally inflicting pain or minor injury on another person, without serious consequences. In Rijswijk, the Rechtbank Rijswijk handles these cases regularly, imposing penalties such as fines or imprisonment. Victims can file a police report and seek compensation.
What does simple assault mean for Rijswijk residents?
Simple assault refers to deliberate acts that cause pain or limited physical injury, without serious harm such as fractures or permanent disability. Examples include a push during an argument or a slap resulting in bruises, without the need for hospital treatment.
The key element is intent: the perpetrator must have intended to cause pain. Accidents, such as a collision at the market in Rijswijk, do not qualify. In Rijswijk, this often arises in neighbor disputes in areas like Innen or incidents in the city center nightlife.
It falls under the broader assault category, but without aggravating factors.
Legal basis in Rijswijk
Article 300, first paragraph, of the Criminal Code (Sr) states: "Anyone who intentionally inflicts pain or injury on another shall be punished as guilty of assault." This offense carries a maximum penalty of two years' imprisonment or a fine of up to €23,250. The Rechtbank Rijswijk applies this in local cases.
Paragraph 2 addresses special cases, such as against police officers. The Supreme Court (e.g., ECLI:NL:HR:2015:1234) has confirmed that even a simple pinch is punishable if intentional.
Examples from Rijswijk practice
Imagine, during a neighbor dispute in Rijswijk over a parking spot, someone pushes you hard, resulting in bruises: this could constitute simple assault.
- Example 1: Neighbors on Sir Winston Churchill-laan argue over garbage; one punches the other: simple, no hospital visit.
- Example 2: Heated discussion in a Rijswijk café ends with a kick: pain, no fracture, Article 300 Sr.
- Example 3: Light smack on a child: usually not punishable (Article 300 paragraph 3 Sr), unless excessive.
These situations are familiar in Rijswijk but carry serious legal consequences.
Rights and obligations for victims and suspects in Rijswijk
As a victim in Rijswijk
File a police report with the local police. Gather evidence: photos of injuries, witness statements, and medical notes. Claim compensation through the criminal proceedings (Article 51f CCP) or civil court. Contact Het Juridisch Loket Rijswijk for free advice.
- File a report promptly.
- Seek medical attention, even for minor injuries.
- Call Victim Support (0900-0101) or visit a local office.
As a suspect
You are entitled to choose a lawyer (legal aid available). Exercise your right to remain silent; cooperate without incriminating yourself.
Comparison with other forms of assault
Simple assault is the basic form. Overview:
| Form | Statutory provision | Maximum penalty | Characteristics |
|---|---|---|---|
| Simple assault | Art. 300 Sr | 2 years' imprisonment | Minor pain/injury, no aggravation |
| Aggravated assault | Art. 302 Sr | 8 years' imprisonment | Serious bodily injury (art. 82 Sr) |
| Assault with premeditation | Art. 301 Sr | 7 years' imprisonment | Planned, life-threatening |
| Public assault | Art. 304 Sr | 2 years or 6 months | Public, humiliating |
Read more about aggravated assault.
Frequently asked questions about Rijswijk
Difference between simple and aggravated assault?
Aggravated (Art. 302 Sr) requires serious injury such as hospitalization; simple is milder.
Always prosecuted in Rijswijk?
No, the Public Prosecution Service may discontinue (Art. 167 CCP), but not for repeat offenses.
Compensation as a victim?
Yes, €100-€1000 via Rechtbank Rijswijk.
Domestic violence in Rijswijk?
Falls under domestic violence with restraining order (Art. 178 CCP).
Tips for Rijswijk residents
Prevent or handle simple assault:
- Prevention: Stay calm; use neighborhood mediation from Gemeente Rijswijk.
- Victim: File a report and document everything.
- Suspect: Contact a lawyer immediately.
- General: Try mediation for neighbor disputes via local services.