Criminal Attempt in Rijswijk

For residents of Rijswijk, a criminal attempt is relevant when someone takes concrete steps toward a crime without completing it. Dutch criminal law punishes this to protect public order in neighborhoods like Innen or Oud-Rijswijk. This article covers the rules, application, and consequences, with a focus on procedures at the District Court of Rijswijk.

What is a criminal attempt?

In criminal law, we distinguish between completed offenses, attempts, and preparatory acts. A criminal attempt occurs when execution begins without completion, as this poses an immediate danger to safety in Rijswijk.

The Supreme Court sets three requirements:

Unlawful intent: The intention to commit the offense must be present.
Beginning of execution: A tangible action directly aimed at the crime.
Requirement of immediacy: Completion must be imminent, not mere preparation.

This distinguishes attempt from non-punishable preparation. More details in our article on Attempt and Preparation.

Legal basis

Article 45 of the Criminal Code (Sr) governs this: "Attempt to commit a crime is punishable if the crime is not completed by the offender, with a prison sentence of up to half the maximum penalty for the crime, unless otherwise provided." This is applied at the District Court of Rijswijk.

For misdemeanors, Article 46 Sr applies, but attempts are rarely punishable. For crimes like murder (Art. 287 Sr) or theft (Art. 310 Sr), specific rules apply, aimed at prevention in Rijswijk.

Requirements for prosecution

All three conditions must be met for qualification as a criminal attempt:

Unlawful intent: Proven by evidence, such as CCTV footage from Rijswijk streets.
Beginning of execution: Going beyond planning, e.g., grabbing a bike on Juliana van Stolberglaan in a theft case.
Immediacy: Completion must be close at hand. Voluntary cessation may lead to reduced penalty (Art. 46b Sr).

Voluntary desistance

Under Article 46b Sr, the judge at the District Court of Rijswijk may reduce or suspend the penalty if the offender stops voluntarily, e.g., due to remorse.

Examples from practice

In Rijswijk, someone forces a car lock in the Lorentzbuurt (beginning of execution), but police intervene: criminal attempt theft.

Or: someone pulls the trigger with a fake firearm – attempt murder (Supreme Court 12 April 2005, ECLI:NL:HR:2005:AT3689).

Counterexample: buying a crowbar for burglary in Rijswijk is preparation, not attempt.

Possible penalties

Maximum half the penalty for the completed offense (Art. 45 Sr), with room for mitigation by the judge in Rijswijk.

Offense	Max. penalty completion	Max. penalty attempt
Theft (Art. 310 Sr)	4 years imprisonment	2 years imprisonment
Murder (Art. 289 Sr)	Life or 30 years	15 years
Threat (Art. 285 Sr)	2 years	1 year

Community service, conditions, or compensation may also be imposed.

Rights of those involved in Rijswijk

As a suspect:

Right to silence and counsel from the first interrogation (Art. 40 Sv).
Access to the case file at the District Court of Rijswijk.
Cooperation without self-incrimination.

As a victim: File a police report, claim damages in criminal proceedings (Art. 51a Sv). Also report to the Municipality of Rijswijk for prevention.

Application of the mitigation principle limits the penalty.

Frequently asked questions

Is every failed action a criminal attempt?

No, only if the three requirements are met. Accident (e.g., gun jam) counts, voluntary desistance does not.

When is preparation punishable?

Rarely, except for terrorism (Art. 130 Sr) or murder of VIPs. See Attempt and Preparation.

Prosecution despite remorse?

Yes, unless proven voluntary desistance (Art. 46b Sr), as assessed by the District Court of Rijswijk.

Impact of intervention by others?

No, attempt stands if beginning of execution is present.

Tips for Rijswijk residents

Contact Het Juridisch Loket Rijswijk for free advice if suspected.
Document voluntary desistance with witnesses or footage.
Victims: file a report and request victim support via District Court Rijswijk.
Prevention: report suspicious activities to Municipality of Rijswijk or police.

Criminal Law

Criminal Attempt in Rijswijk