In Rijswijk, just like in the rest of the Netherlands, not only completed crimes are punishable. An attempt to commit a crime and, in some cases, the preparation thereof can also lead to criminal consequences. The legislation imposes clear conditions for this.
Attempt to Commit a Crime (art. 45 Sr)
An attempt to commit a crime is punishable as soon as the perpetrator's intent becomes clear through the commencement of the execution of the offence.
Conditions for 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 offence |
| No completion | The crime has not been completed |
What counts as commencement of execution?
When do we speak of a commencement of execution? Some examples:
- A burglar who tries to break open a door but is interrupted
- A person who approaches someone with a weapon but is stopped
- A robber who enters a shop with a mask but flees
Penalty for Attempt
The maximum penalty for an attempt is generally one third lower than for a completed crime.
| Crime | Maximum penalty completed | Maximum penalty 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 completing the crime, this may lead to exemption from punishment for attempt.
Conditions for Withdrawal
- The decision must be voluntary, without external pressure
- The crime must not yet have been completed
- The perpetrator must have prevented the completion themselves
Practical Examples
- Voluntary: A burglar who regrets and leaves
- Not voluntary: A burglar who flees due to an alarm
Impossible Attempt
In some situations, the completion of a crime is objectively impossible.
Absolutely versus Relatively Impossible
| Type | Description | Punishable? |
|---|---|---|
| Absolutely impossible | Completion was never possible | No |
| Relatively impossible | Not possible in this situation | Yes |
Examples
- Absolutely: Trying to injure someone with a fake weapon (not punishable)
- Relatively: Shooting at an empty bed, thinking someone is in it (punishable)
Preparation of Crimes (art. 46 Sr)
For serious crimes, the preparation may also be punishable, especially in the Rijswijk region under the supervision of the District Court of The Hague.
Conditions for Punishable Preparation
- Concerns a crime with a penalty of at least 8 years
- Intentionally possessing means, information or money for the offence
- These means must be intended for committing the crime
Penalty for Preparation
The maximum penalty is half of that for the completed crime, with a cap of 15 years.
Differences between Attempt and Preparation
| Characteristic | Attempt | Preparation |
|---|---|---|
| Stage | Commencement of execution | Planning phase |
| Punishable for | All crimes | Only serious crimes (≥8 years) |
| Penalty level | Maximum -1/3 | Maximum -1/2 |
Local Information for Rijswijk
For legal assistance in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases are generally handled by the District Court of The Hague, under which Rijswijk falls.
Frequently Asked Questions about Criminal Law in Rijswijk
When is an attempt to commit a crime punishable?
An attempt is punishable if there is intent and a commencement of execution, without the crime being completed. For example: a burglar who forces a lock but is caught.
What if I voluntarily stop a crime?
If you stop of your own accord and do not complete the crime, this may lead to exemption from punishment for attempt.
What is punishable as preparation in Rijswijk?
Preparation is punishable for serious crimes (minimum 8 years penalty) if you consciously gather means or information to commit the offence.
Where can I get legal help in Rijswijk?
You can go to the Juridisch Loket Rijswijk for advice and support in criminal matters.
Which court handles cases in Rijswijk?
The District Court of The Hague is responsible for cases from Rijswijk and surrounding areas.