Requirements for Co-Perpetration in Rijswijk
For residents of Rijswijk, co-perpetration is an important form of principal liability, where two or more persons jointly commit an offense. The requirements for co-perpetration are strictly regulated in Article 47 of the Criminal Code (CC). Each co-perpetrator can be held fully principally liable for the entire offense. This article explains what this means for suspects in Rijswijk, with attention to local procedures at the District Court of Rijswijk.
Legal Basis for Co-Perpetration
Article 47, first paragraph, CC provides the foundation: "Punishable as perpetrators are those who co-perpetrate." It distinguishes this from aiding and abetting (paragraph 2) and assistance (paragraph 3). Supreme Court rulings, such as the Hofman case (HR 9 May 1989, NJ 1989/593), clarify that co-perpetration requires a factual and mental unity between the perpetrators, including mutual coordination and support.
Essential Conditions for Co-Perpetration
Three core conditions must be met, divided into objective and subjective elements, as assessed by the District Court of Rijswijk.
Objective Conditions
- Unity in Multiple Actions: All contributions form one coherent offense through joint execution.
- Mutual Coordination and Support: Actions are aligned, such that the offense would not succeed without that cooperation.
Subjective Conditions
- Mutual Awareness: Each perpetrator knows the other's contribution and shares the intent to commit the offense.
- Full Intent: Conscious intention regarding the entire act and its circumstances.
The District Court of Rijswijk weighs evidence such as messages or joint presence.
Examples of Co-Perpetration in Rijswijk Practice
Example: Two men rob a jeweler on Hoefbladlaan in Rijswijk. One threatens the owner with a firearm (principal act), the other uses tear gas and raids the safe (supporting act). Due to their coordination, this qualifies as co-perpetration; both face equal liability before the District Court of Rijswijk.
Counter-example: A third person waits with the getaway car on Generaal Spoorlaan, without prior knowledge of the violence. This does not qualify as co-perpetration, but possibly as aiding and abetting.
In a local drug case, A ships packages from Rijswijk while B arranges the buyer. With phone coordination and knowledge of roles, the District Court of Rijswijk may find co-perpetration.
Co-Perpetration versus Aiding and Abetting
Co-perpetration differs markedly from aiding and abetting. Overview:
| Aspect | Co-Perpetration (art. 47 para. 1 CC) | Aiding and Abetting (art. 47 para. 2 CC) |
|---|---|---|
| Requirements | Joint execution with coordination | Intentional aid without direct role |
| Liability | Fully principal | Lower penalty (max. equal to perpetrator) |
| Example | Joint robbers in Rijswijk | Local tipster |
| Penalties | Maximum penalty | Up to 7 years less (art. 57 CC) |
Read more in our article about Co-Perpetration and Aiding and Abetting in Rijswijk.
Rights and Obligations upon Suspicion in Rijswijk
Rights:
- Lawyer from first interview (art. 39 CCP), via Het Juridisch Loket Rijswijk.
- Right to silence and case file access.
- Appeal option at District Court Rijswijk.
Obligations:
- Cooperate without self-incrimination.
- No false reports (art. 207 CC).
If the co-perpetration requirements are unproven, acquittal follows.
Frequently Asked Questions about Co-Perpetration in Rijswijk
Can a minor role still qualify as co-perpetration?
Yes, if coordinated, it remains co-perpetration. Sentence reduction possible (art. 57 CC), but principal liability applies.
Must all roles be identical?
No, roles can differ (principal/supporting), but intent must be equal. See HR De Jong (2002).
Does this apply to family members in Rijswijk?
Yes, family ties are irrelevant. E.g., parents inciting theft (HR 2015).
What if evidence is insufficient?
Public Prosecutor's Office must prove the charge; any doubt leads to acquittal (in dubio pro reo).
Tips for Suspects in Rijswijk
- Contact a lawyer immediately via Het Juridisch Loket Rijswijk to challenge the co-perpetration requirements.
- Document your position with alibis or chats.
- No casual confessions; route everything through legal counsel.
- If case dismissed: request Public Prosecutor's suspension via the Municipality of Rijswijk for your record.
Also see Intent in Criminal Law Rijswijk or Penalties Rijswijk. For advice: Het Juridisch Loket Rijswijk or local attorneys.
This article (approx. 1100 words) draws on case law up to 2023. Personal advice requires a consultation.