Assault

Assault is the intentional infliction of pain or physical injury on another person. This can range from mild forms of physical violence, such as hitting or pushing, to more severe forms that result in serious bodily injury. Required is the perpetrator's intent to inflict pain or injury.

Article 300 (1) DPC: simple assault

"1. Assault is the intentional infliction of pain or physical injury on another person. This can range from mild forms of physical violence, such as hitting or pushing, to more severe forms that result in serious bodily injury. Required is the perpetrator's intent to inflict pain or injury."

Article 302 (1) DPC: aggravated assault

"1. Assault is the intentional infliction of pain or physical injury on another person. This can range from mild forms of physical violence, such as hitting or pushing, to more severe forms that result in serious bodily injury. Required is the perpetrator's intent to inflict pain or injury."

For a conviction for assault, the following requirements must be met:

• Intent: The perpetrator must have intended to inflict pain or injury.

• Pain or injury: There must be actual inflicted pain or injury.

In addition, for conviction for aggravated assault, the following requirements must be met:

• Serious bodily injury: The injury must be of such severity that it falls under the definition of serious bodily injury.

• Intent to inflict grievous bodily harm: In aggravated assault, the perpetrator must not only have intended to inflict pain or injury, but must have intended to inflict grievous bodily harm.

Intent is a crucial element in both simple and aggravated assault. This means that the perpetrator must have acted with a greater or lesser degree of intent. In some cases, intent is easy to establish - for example, if someone has stated an intent to hurt the other person - but often there is debate about this. In many cases, the difference between intent and fault is not clear. Take, for example, an operation that was very poorly performed as a result of which a patient has to go through life maimed. Does the doctor then go free, is the doctor at fault for the consequence or did he/she act (even) intentionally on the (severe) injury?

Case law has developed the doctrine of "conditional intent" for this type of borderline issue: If a person knowingly accepts the substantial likelihood of a certain consequence, he or she is already acting intentionally in the legal sense. A doctor will not easily be convicted of assault, but it is possible. In that case, the doctor must have acted very badly. For an example from case law, see the case of the Hague Breast Doctor.

A conviction for assault requires pain or physical injury to the victim. For simple assault, this can range from minor bruises or abrasions to more visible injuries. For aggravated assault, the injuries must be more serious, such as broken bones, deep cuts, heavy blood loss, or injuries that have permanent consequences.

Aggravated assault requires (intent to commit) serious bodily injury. When does grievous bodily harm occur? Article 82 DPC answers this question:

     "1. Serious bodily injury shall be understood to include illness leaving no prospect of complete cure, continuing unfitness to perform his official or professional duties, and abortion or death of a woman's foetus.

    2. Serious bodily injury includes interference with mental faculties that has lasted for more than four weeks."

In the absence of intent to inflict grievous bodily injury, but serious bodily injury still occurred, the requirements of grievous bodily injury are not met. Under circumstances, a person may then be liable for a qualified form of simple assault.

The punishment for assault can vary depending on the severity of the violence committed and its consequences:

• Simple Assault: Maximum imprisonment of three years or a fourth category fine. If the offense results in serious bodily injury, the penalty may be up to four years in prison or a higher fine.

• Aggravated Assault: Maximum imprisonment of eight years or a fifth category fine. If the offense results in death, the penalty may be up to 10 years in prison or a higher fine.