Under the law, not only the commission of a crime is punishable, but attempting or preparing it can also lead to punishment. However, there are strict conditions attached to these situations.
Attempt to Commit a Crime (art. 45 Sr)
An attempt to commit a crime becomes punishable as soon as the perpetrator's intent becomes clear through a first step in the execution.
Conditions for Punishable Attempt
| Condition | Explanation |
|---|---|
| Intent | The perpetrator must have the intent to complete the crime |
| First Execution | Actions that are clearly aimed at carrying out the crime |
| Incomplete | The crime has not been fully executed |
When Does Execution Begin?
When can one speak of the start of execution?
- A burglar who forces a lock but is interrupted
- A person who approaches someone with a weapon but is stopped
- A robber who enters a store with a mask but flees
Penalty for Attempt
The penalty for an attempt is at most two-thirds of the penalty for the completed crime.
| Crime | Maximum Penalty Completed | Maximum Penalty Attempt |
|---|---|---|
| Manslaughter | 15 years | 10 years |
| Theft | 4 years | 2 years 8 months |
| Murder | Life/30 years | 20 years |
Voluntary Renunciation
If the perpetrator desists from the crime of their own volition, punishability may lapse.
Criteria
- The decision must be voluntary, without external pressure
- The crime must not yet be completed
- The perpetrator must have prevented the completion themselves
Practical Examples
- Voluntary: A burglar who regrets and leaves
- Not voluntary: A burglar who flees due to an alarm
Impossible Attempt
In some cases, completing the crime is factually impossible.
Absolutely versus Relatively Impossible
| Type | Description | Punishable? |
|---|---|---|
| Absolutely Impossible | Could never succeed | No |
| Relatively Impossible | Impossible in this situation | Yes |
Examples
- Absolutely: Shooting 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
- Concerns crimes with a penalty of at least 8 years
- Intentionally having means, information or money at one's disposal
- These must be intended for committing the crime
Penalty for Preparation
The maximum penalty is half of that for the completed crime, with a limit of 15 years.
Differences between Attempt and Preparation
| Characteristic | Attempt | Preparation |
|---|---|---|
| Stage | First execution | Planning phase |
| Punishable for | All crimes | Only serious crimes (≥8 years) |
| Penalty Level | Maximum -1/3 | Maximum -1/2 |
Legal Assistance in Zoetermeer
For legal questions or support in Zoetermeer, you can go to the Juridisch Loket Zoetermeer. In addition, cases in this region fall under the Rechtbank Den Haag.
Frequently Asked Questions about Criminal Law in Zoetermeer
When is an attempt to commit a crime punishable?
An attempt is punishable if there is intent and a beginning of execution, without the crime being completed. For example: someone who tries to break open a door but is disturbed.
What happens in case of voluntary renunciation?
If the perpetrator stops of their own will and does not complete the crime, punishability may lapse.
Is preparation always punishable?
No, only for crimes with a penalty of 8 years or more, and if means are intentionally available to commit the crime.
What if a crime was impossible to complete?
In the case of an absolutely impossible attempt (for example with a fake weapon), there is no punishment. In the case of relatively impossible (shooting at an empty bed), it remains punishable.
Where can I get legal assistance in Zoetermeer?
You can contact the Juridisch Loket Zoetermeer for free advice. For court cases, Zoetermeer falls under the Rechtbank Den Haag.