Criminal lawyer act of violence in a public place

act of violence in a public place is punishable under article 141 Sr. This article reads:

"(1) Those who openly commit violence against persons or property in association shall be punished by imprisonment for a term not exceeding four years and six months or a fine of the fourth category.

2.The guilty party shall be punished:

1. with imprisonment for not more than six years or a fine of the fourth category, if he intentionally destroys property or if the violence committed by him results in any physical injury;

2. with imprisonment not exceeding nine years or a fifth category fine, if such violence results in serious bodily injury;

3. with imprisonment not exceeding 12 years or a fifth category fine, if such violence results in death.

3. Article 81 shall not apply."

Act of violence in a public place means the act of committing violence in a public place with two persons or more. This can range from street brawls to large-scale riots. Violence during demonstrations can also lead to prosecution for act of violence in a public place. Characteristic of this offense is that the violence is committed by several persons and is or could be visible to others.

For a conviction under Article 141 DPC, some conditions must be met:

• Public: The violence must take place in the open, visible to third parties.

• Violence: This can include physical violence against persons as well as destruction of property.

• In association: This component falls into the following parts.

  • Sufficiently significant or substantial contribution: Each participant must have made a sufficiently significant contribution to the violence.

  • Mutual Involvement: Multiple people must have committed violence.

Public

The violence must be able to be visible to third parties. This means it takes place in an area accessible to the public, such as streets, parks or other public places. The Supreme Court, in a ruling ruled that it is not required that a public was present at the time and place of the violence, nor is it decisive whether or not it was permitted to be present at the place during the period, during which the violence was committed.

Violence

Violence can target both people and property. This includes physical attacks as well as vandalism such as smashing windows or knocking over vehicles. The degree of violence can range from relatively mild forms such as pushing and pulling to serious assaults and major property damage. The Supreme Court ruled in a ruling that the smashing of eggs against the windows of the U.S. Embassy constitutes "violence" within the meaning of art. 141(1) of the Criminal Code.

Sufficiently significant or substantial contribution

An important requirement for conviction is that each participant must have made a sufficiently significant or substantial contribution to the violence. The contribution must be of sufficient weight. The mere circumstance that the perpetrator numerically reinforced the group does not "without more" count as a sufficiently significant or substantial contribution. A significant and substantial contribution may include making it more difficult to recognize persons who commit violent acts, if this intentionally prevents the acts and their consequences from being traced back to these persons.

Thus, it is not necessary that the defendant himself actually committed physical violence; enough is enough that he made a substantial contribution by, for example, encouraging and/or facilitating the violence.

The 's-Hertogenbosch court of appeal ruled in a judgment that by wearing a hoodie, the defendant made a sufficiently significant or substantial contribution to violence by others. By wearing the hoodie, the defendant contributed to the atmosphere of disinhibition and enabled others, with a reduced chance of being recognized by the police, to commit acts of violence. By doing so, the defendant knowingly promoted the commission of acts of violence.

It is not always easy to determine whether a suspect's contribution was of such a nature and magnitude that it can be seen as essential to the violence committed. This requires a detailed analysis of the defendant's specific actions in the context of the incident. Assistance from a lawyer in this can be of great importance.

Mutual commitment

There must be joint commission of the violence. This means that at least two people must be involved in the act. Cooperation need not be planned in advance; spontaneous joint actions also fall under this criterion. However, there must also be some involvement between the perpetrators of violence; that is, others must also commit violence. The bond between the perpetrators need not be close.

In determining punishment for act of violence in a public place , courts use the following landmarks:

• act of violence in a public place against property: 60h community service;

• act of violence in a public place against persons without bodily harm: 120h community service;

• act of violence in a public place, causing (some) bodily harm: 150h community service;

• act of violence in a public place, causing grievous bodily harm: 6 months' imprisonment.

These are only starting points. In each individual case, the judge will have to decide what punishment is appropriate and necessary. In doing so, the judge may deviate from the guideline points up to the statutory penalty maximum. The statutory penalty maximum for act of violence in a public place without special aggravating circumstances is a maximum prison sentence of four years and six months or a fourth category fine. This can rise to a maximum prison term of 12 years if the violence results in someone's death.