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, the following forms of participation are recognized:
Summary
| Type | Article | Role | Penalty |
|---|---|---|---|
| Perpetration | 47 para 1 sub 1 | Executing oneself | Full |
| Causing perpetration | 47 para 1 sub 1 | Having someone else execute (not punishable oneself) | Full |
| Complicity | 47 para 1 sub 1 | Joint execution | Full |
| Incitement | 47 para 1 sub 2 | Inducing someone by means | Full |
| Aiding and abetting | 48 | Assisting in execution | Max. -1/3 |
What is Complicity?
Complicity means that there is a conscious and intensive cooperation between multiple persons in the commission of a criminal offence.
Conditions
- Conscious cooperation: participants are aware of each other's role
- Intensive cooperation: joint execution with significant contribution
- Double intent: intention regarding both the cooperation and the criminal offence
Practical Examples of Complicity
- Jointly carrying out a burglary, where one person breaks in and the other warns
- Jointly physically attacking someone
- Jointly transporting drugs
What is not required?
It is not necessary for every co-perpetrator to perform all acts of the offence. A substantial contribution to the whole suffices.
Incitement: What does it entail?
Incitement means that someone induces another to commit a criminal offence by using certain means.
Means of Incitement (art. 47 para 1 sub 2)
- Gifts (money or goods)
- Promises of reward
- Abuse of authority
- Physical violence
- Threats
- Deception or misleading
- Offering opportunities, tools or information
Conditions
- Use of a specific incitement means
- The criminal offence must actually take place
- There must be a direct connection between the incitement and the offence
Aiding and Abetting: Assistance in a Crime
Aiding and abetting means that someone intentionally provides assistance in the execution of a crime.
Two Variants
| Variant | Timing | Example |
|---|---|---|
| Simultaneous assistance | During the offence | Acting as a lookout |
| Prior assistance | Before the offence | Providing burglary tools |
Penalty
The maximum penalty for aiding and abetting is the maximum of the principal offence reduced by one third.
Complicity versus Aiding and Abetting
| Characteristic | Complicity | Aiding and Abetting |
|---|---|---|
| Role | Equal contribution | Supportive role |
| Contribution | Essential | Helpful |
| Penalty | Full penalty | Reduced by 1/3 |
| For infractions | Punishable | Not punishable |
Consequences in Practice
Whether someone is regarded as a co-perpetrator or aider and abettor has a major impact on the penalty. This depends on the specific contribution to the criminal offence.
Legal Assistance in Rijswijk
For legal advice on complicity or aiding and abetting, you can contact the Juridisch Loket Rijswijk. In addition, cases in this region fall under the District Court of The Hague.