Criminal offenses are often not committed by a single person. Criminal law recognizes various forms of participation, such as complicity, incitement, and aiding and abetting. Each form has specific criteria and penalty measures.
Types of Participation in Criminal Law
In the Criminal Code, various forms of participation are distinguished:
Summary of Forms of Participation
| Type | Article | Role | Penalty |
|---|---|---|---|
| Perpetration | 47 para 1 sub 1 | Executing oneself | Full penalty |
| Causing perpetration | 47 para 1 sub 1 | Having another execute (not punishable) | Full penalty |
| Complicity | 47 para 1 sub 1 | Joint execution | Full penalty |
| Incitement | 47 para 1 sub 2 | Inducing another to commit the offense | Full penalty |
| Aiding and abetting | 48 | Assisting in the offense | Maximum -1/3 |
What is Complicity?
Complicity entails a conscious and close cooperation between multiple persons in the commission of a criminal offense.
Conditions for Complicity
- Conscious cooperation: participants are aware of each other's role
- Close cooperation: joint execution with significant contribution
- Double intent: intent regarding the cooperation and regarding the criminal offense
Practical Examples of Complicity
- Jointly carrying out a burglary, where one person breaks in and the other stands watch
- Jointly physically assaulting someone
- Jointly transporting drugs
What is not required?
It is not necessary for every co-perpetrator to perform all acts themselves. An essential contribution to the offense suffices.
Incitement in Criminal Law
Incitement means that someone induces another to commit a criminal offense by using certain means.
Means of Incitement (art. 47 para 1 sub 2)
- Money or gifts
- Promises
- Abuse of authority
- Physical violence
- Threats
- Deception
- Offering opportunities, tools, or information
Conditions for Incitement
- Use of an inciting means
- The criminal offense must have been committed
- Direct connection between the incitement and the offense
Aiding and Abetting: Assistance in an Offense
Aiding and abetting entails that someone intentionally provides assistance in the commission of a crime.
Two Variants of Aiding and Abetting
| Type | Moment | Example |
|---|---|---|
| Simultaneous assistance | During the offense | Standing watch during a crime |
| Prior assistance | Before the offense | Providing tools for a burglary |
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
| Characteristic | Complicity | Aiding and Abetting |
|---|---|---|
| Role | Equal participation | Supportive role |
| Contribution | Essential for the offense | Helpful |
| Penalty | Full penalty | Reduced by 1/3 |
| For infractions | Punishable | Not punishable |
Impact in Practice
Whether someone is regarded as a co-perpetrator or aider and abettor has a significant influence on the severity of the penalty. This depends on the specific contribution to the criminal offense.
Legal Assistance in Zoetermeer
For legal advice on complicity or aiding and abetting, you can go to the Juridisch Loket Zoetermeer. In addition, the District Court of The Hague handles cases falling under this district, including Zoetermeer.