In criminal law, offenses are often not committed by a single person. There are different forms of participation, such as complicity, incitement, and aiding and abetting, each with specific rules and penalties.
Types of Participation in Criminal Law
In the Criminal Code, the following forms of participation are distinguished:
Summary of Forms of Participation
| 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) | Full |
| Complicity | 47 para 1 sub 1 | Joint execution | Full |
| Incitement | 47 para 1 sub 2 | Inducing someone to commit an offense | Full |
| Aiding and abetting | 48 | Assisting in execution | Max. -1/3 |
What is Complicity?
Complicity means that two or more persons consciously and intensively collaborate in the commission of a punishable offense.
Conditions for Complicity
- Conscious collaboration: all involved are aware of each other's role
- Intensive collaboration: joint execution with a significant contribution
- Double intent: intention to collaborate and to commit the offense
Examples of Complicity
- Jointly committing a burglary, where one person breaks in and the other stands watch
- Jointly physically assaulting someone
- Jointly distributing drugs
What is not required?
It is not necessary for every co-perpetrator to perform all acts of the offense. A significant contribution to the whole suffices.
Incitement in Criminal Law
Incitement means that someone induces another to commit an offense by using specific means.
Means for Incitement (art. 47 para 1 sub 2)
- Money or gifts
- Promises of reward
- Abuse of authority
- Violence or intimidation
- Deception
- Providing means, opportunities or information
Conditions for Incitement
- Use of an inciting means
- The offense must actually have been committed
- Direct connection between incitement and the offense
Aiding and Abetting: Assistance in Offenses
Aiding and abetting concerns the intentional support of another in the commission of an offense.
Types of Aiding and Abetting
| Type | Moment | Example |
|---|---|---|
| Simultaneous assistance | During the offense | Acting as lookout |
| Prior assistance | Before the offense | Providing burglary tools |
Penalty for Aiding and Abetting
The maximum penalty for aiding and abetting is the penalty for the principal offense reduced by one third.
Differences between Complicity and Aiding and Abetting
| Criterion | Complicity | Aiding and Abetting |
|---|---|---|
| Role | Equal | Supportive |
| Contribution | Essential | Assisting |
| Penalty | Full | Reduced by 1/3 |
| For violations | Punishable | Not punishable |
Consequences in Practice
Whether someone is regarded as a co-perpetrator or aider and abettor has a major influence on the penalty. This depends on the specific contribution to the offense.
Local Information Utrecht
For legal assistance in Utrecht, you can go to:
- Central Netherlands District Court: Vrouwe Justitiaplein 1, Utrecht
- Utrecht Legal Aid Office: Catharijnesingel 55, Utrecht
Frequently Asked Questions about Criminal Law
What exactly does complicity entail?
Complicity is the conscious and close execution of a punishable offense together with others, where everyone makes an essential contribution.
What is the difference between incitement and aiding and abetting?
In incitement, you induce someone to commit an offense using certain means, whereas aiding and abetting concerns helping in its execution.
Can I be punished if I only helped?
Yes, as an aider and abettor you can be punished, but it is lower (up to one third less) than that of the principal offender.
Where can I get legal assistance in Utrecht?
You can contact the Utrecht Legal Aid Office at Catharijnesingel 55 or submit matters to the Central Netherlands District Court at Vrouwe Justitiaplein 1.
Is complicity punishable for violations?
Yes, complicity is punishable for both offenses and violations, unlike aiding and abetting, which is only punishable for offenses.