Criminal Attempt in Zoetermeer
A criminal attempt involves an incomplete offense where concrete steps have been taken. Under Dutch criminal law, which also applies in Zoetermeer, you can already be held criminally liable before the offense is completed. This article is specifically tailored for residents of Zoetermeer and discusses its meaning, conditions, and consequences, with attention to local institutions such as the District Court of Zoetermeer.
What is a criminal attempt?
Criminal law distinguishes between completed offenses, attempts, and preparatory acts. A criminal attempt arises when execution has begun but not been completed, as it poses a direct danger to society in Zoetermeer and beyond.
The Supreme Court sets three requirements:
- Unlawful intent: The perpetrator deliberately intends to commit the offense.
- Beginning of execution: A direct, concrete action has been undertaken.
- Immediacy: Completion remains immediately feasible, without it remaining mere preparation.
This distinguishes attempt from non-punishable preparation. More details in our article about Attempt versus Preparation.
Legal Basis
Article 45 of the Criminal Code (Sr) governs criminal attempt: "Attempt to commit an offense is punishable by a maximum of half the penalty for the completed offense, unless otherwise provided." For violations, Article 46 Sr applies, but this is rare. Specific rules exist for crimes such as murder (art. 287 Sr) or theft (art. 310 Sr). This promotes prevention in areas like Zoetermeer.
Conditions for Prosecution
All three conditions must be met:
- Unlawful intent: Proven by evidence, such as CCTV footage from Zoetermeer.
- Beginning of execution: Going beyond preparation, e.g., grabbing an item in a Zoetermeer store for theft.
- Immediacy: Completion must be imminent. Voluntary desistance may result in a reduced penalty (art. 46b Sr).
Voluntary Desistance
Article 46b Sr allows the judge to mitigate or waive punishment for voluntary desistance, e.g., due to remorse.
Practical Examples
In Zoetermeer, someone forces open a car lock in the Buytenwegh neighborhood (beginning of execution), but police intervene: criminal attempt theft.
Aiming and pulling the trigger of a firearm loaded with a dummy round: attempt murder (Supreme Court 12 April 2005, ECLI:NL:HR:2005:AT3689). Buying a crowbar for a burglary in Zoetermeer? That's preparation, not attempt.
Penalties for Attempt
Maximum of half the penalty for the completed offense (art. 45 Sr), with further mitigation possible.
| Offense | Max. penalty completion | Max. penalty attempt |
|---|---|---|
| Theft (art. 310 Sr) | 4 years imprisonment | 2 years imprisonment |
| Murder (art. 289 Sr) | Life/30 years | 15 years |
| Threat (art. 285 Sr) | 2 years | 1 year |
Community service or damage claims via the District Court of Zoetermeer are also possible.
Rights of Involved Parties in Zoetermeer
As a suspect:
- Right to silence and right to counsel from the moment of interrogation (art. 40 Sv).
- Access to the case file at the police or District Court of Zoetermeer.
- Cooperate without self-incrimination.
As a victim: File a police report and pursue claims through criminal proceedings (art. 51a Sv). Contact Het Juridisch Loket Zoetermeer for free advice.
Application of the weapons principle prevents a higher penalty than demanded.
Frequently Asked Questions
Is every failed action a criminal attempt?
No, only if all conditions are met. Coincidence (e.g., gun jamming) counts, but voluntary desistance does not.
When is preparation punishable?
Rarely, except in cases like terrorism (art. 130 Sr). See Attempt and Preparation.
Prosecuted even with regret?
Yes, unless voluntary desistance is proven (art. 46b Sr), as assessed by the District Court of Zoetermeer.
What if police intervene?
The attempt remains punishable if execution has begun.
Tips for Zoetermeer Residents
- Seek immediate help from Het Juridisch Loket Zoetermeer for free advice.
- Document voluntary desistance with witnesses.
- Victims: File a report and request victim support via the Municipality of Zoetermeer.
- Prevention: Report suspicious situations to the police or Municipality of Zoetermeer.