In Utrecht, 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 prosecution. The legislation imposes specific conditions on both situations.
Attempt to Commit a Crime (art. 45 Sr)
An attempt to commit a crime is deemed punishable when the perpetrator's intent becomes clear through the commencement of the execution of the offense.
Conditions for a Punishable Attempt
| Condition | Explanation |
|---|---|
| Intent | The perpetrator must have the intent to complete the crime |
| Commencement of execution | Acts that are outwardly directed toward completing the offense |
| Not completed | The crime has not been fully executed |
When is There Commencement of Execution?
What qualifies as the beginning of execution?
- A burglar who breaks open a door but is interrupted
- Someone who approaches a victim with a weapon but is stopped
- A robber who enters a store with a mask but flees
Penalty for Attempt
The maximum penalty for an attempt is the maximum for the completed offense reduced by one third.
| Crime | Maximum Completed | Maximum 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 their plan, the attempt is not considered punishable.
Conditions
- The withdrawal must be voluntary (not due to external factors)
- It must occur before the offense is completed
- The perpetrator must have prevented the completion themselves
Examples
- Voluntary: a burglar who regrets and leaves
- Not voluntary: a burglar who flees due to an alarm signal
Inadequate Attempt
In some cases, the completion of a crime is objectively impossible.
Absolutely versus Relatively Inadequate
| Type | Description | Punishable? |
|---|---|---|
| Absolutely Inadequate | Completion was never possible | No |
| Relatively Inadequate | Completion was impossible in this case | Yes |
Examples
- Absolutely: trying to 'kill' 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 can also be punishable.
Conditions
- The crime must carry a penalty of at least 8 years
- Intentionally possessing means, information or money for the offense
- The means must be intended for committing the crime
Penalty for Preparation
The maximum penalty is half the penalty for the completed offense (maximum 15 years).
Differences between Attempt and Preparation
| Characteristic | Attempt | Preparation |
|---|---|---|
| Stage | Commencement of execution | Prior acts |
| Punishable for | All crimes | Only crimes with ≥8 years penalty |
| Penalty | Maximum -1/3 | Maximum -1/2 |
Frequently Asked Questions about Attempt and Preparation in Utrecht
When is an attempt to commit a crime punishable?
An attempt is punishable when the perpetrator intended to commit the crime and had already begun its execution. This means that concrete acts have been performed that were directed toward completing the offense, such as forcing a lock. However, the offense must not have been completed.
What happens in case of voluntary withdrawal?
If the perpetrator voluntarily desists from committing the crime before it is completed, the attempt is not deemed punishable.
What is the difference between attempt and preparation?
An attempt means that the perpetrator has already begun the execution of the crime, while preparation only involves planning and gathering means. Preparation is only punishable for serious crimes with a penalty of 8 years or more.
What if an attempt is objectively impossible?
If the completion was absolutely impossible, such as using a fake weapon, the attempt is not punishable. If it was impossible in that specific case, but theoretically possible, the attempt remains punishable.
Where can I get legal assistance in Utrecht?
For legal assistance in Utrecht, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55, or submit cases to the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1.