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 in public and in a group against persons or goods. The conditions are:
- Public - The violence takes place at a location accessible to everyone.
- In a group - At least two persons are involved.
- Violence - This may be directed against people or property.
Examples in Rijswijk
- Group fights after a local event in the centre of Rijswijk.
- Disruptions during demonstrations near the town hall.
- Nightlife violence in the vicinity of popular nightlife venues.
- Vandalism by a group in shopping areas such as the Bogaard.
- Incidents during sports matches on local fields.
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. Actively participating in a violent situation, such as encouraging or supporting the group, can already lead to criminal liability.
Difference from Assault
Assault involves an individual perpetrator, whereas public violence always involves a group. Both charges can be brought simultaneously, depending on the situation.
Group Liability
In the case of violence by a group, it is often difficult to prove who did what. The law therefore makes participation in the group punishable, regardless of the exact role of each individual.