Public violence involves the joint commission of violence in public against persons or property. This offence is specifically punishable due to the heightened threat and intimidation posed by group violence.
Definition of Public Violence
According to Article 141 of the Criminal Code, the public and concerted commission of violence against persons or property is punishable. The conditions are:
- Publicly - The violence takes place at a publicly accessible location
- In concert - At least two persons are involved
- Violence - Directed against persons and/or property
Examples in Utrecht
- Group fights after an FC Utrecht match at Stadion Galgenwaard
- Unrest and riots during protests at Jaarbeursplein
- Nightlife violence in the centre of Utrecht, such as on the Neude
- Vandalism by a group during events in the city centre
- Outbursts of violence at festivals or markets
Penalties
- Standard offence: Up to 4 years and 6 months' imprisonment
- In case of serious injury: Up to 6 years' imprisonment
- In case of death resulting: Up to 9 years' imprisonment
Participation in Violence
It is not necessary that you yourself used physical violence to be punishable. Active involvement in the violent action, such as encouraging or supporting it, already makes you punishable, even without direct blows.
Difference from Assault
Assault involves violence by one individual, whereas public violence revolves around group dynamics. Both charges can be brought simultaneously, for example in an incident in Utrecht's nightlife.
Group Liability
In cases of violence in concert, it is often difficult to prove individual actions. The legislation therefore provides that participation in the group itself is punishable, regardless of who exactly performed which act.
Frequently Asked Questions about Public Violence in Utrecht
What does public violence mean in Utrecht?
Public violence is the commission of violence in concert at public places, such as fights after matches at Stadion Galgenwaard or disturbances during demonstrations at the Domplein. This is punishable under Article 141 of the Criminal Code.
What are the penalties for public violence in Utrecht?
The standard penalty is a maximum of 4 years and 6 months' imprisonment. In case of serious bodily injury, this can increase to 6 years and in case of death to 9 years. In Utrecht, the penalty may be heavier depending on the specific situation.
Do I have to have used violence myself to be punishable in Utrecht?
No, committing physical violence is not required. Actively participating in a violent action, for example by encouraging others, already makes you punishable under the law.
What distinguishes public violence from assault in Utrecht?
Assault concerns an individual perpetrator, whereas public violence involves violence by a group. Both can be prosecuted simultaneously, for example in nightlife violence around the Oudegracht.
How does group liability work for public violence in Utrecht?
In group violence, it is often difficult to determine who did what. The law therefore provides that participation in the group is punishable, regardless of individual acts. This applies, for example, to riots at Vredenburg.
Can I get legal assistance if accused of public violence in Utrecht?
Yes, you can engage a criminal lawyer. In Utrecht, there are several law firms available, for example around Vrouwe Justitiaplein at the Central Netherlands District Court. The Legal Counter at Catharijnesingel 55 also provides support.
What are typical examples of public violence in Utrecht?
Think of fights after football matches at Stadion Galgenwaard, riots during protests at Janskerkhof, nightlife violence at Stadhuisbrug or vandalism by a group on Steenweg.
What to do if I witness public violence in Utrecht?
Call 112 immediately if you see public violence, such as a fight or unrest. Do not intervene yourself, but note details such as location, time and number of persons involved. You can report anonymously via Meld Misdaad Anoniem (0800-7000). Evidence such as photos helps, but do not share it on social media.