Threat of Violence in Leiden

Threat of Violence in Leiden

Threat of violence is a serious criminal offense in the Netherlands that occurs frequently in Leiden too, where someone threatens a resident with bodily injury or property damage. This causes reasonable fear among victims in Leiden's city center or neighborhoods like Leiden-Noord and can lead to prosecution at the Rechtbank Leiden. In this article for Leiden residents, we explain the rules, with local examples and advice from organizations like Juridisch Loket Leiden.

What constitutes a threat of violence?

In Leiden, threats of violence are often directed explicitly or implicitly at a person, family members, or belongings such as a home on the Rapenburg or a bicycle. The threat must be concrete enough to cause fear of actual execution in a reasonable Leiden resident, even without any real violence.

It concerns not just physical assault but the threat itself. Unlike vague harassment, the focus here is on violence, which is punishable if it instills serious fear in victims in our university city.

Legal basis

Threat of violence is covered by Article 285 of the Criminal Code (Sr):

Any person who threatens another with violence against that other person or their next of kin, or with violence against property which that other person enjoys, shall be punished with imprisonment for a term not exceeding two years or a fine of the fourth category.

When weapons are involved or directed at officials on duty (e.g., BOAs in Leiden-Centre), the penalty rises to four years. Repetition or group threats aggravate the offense. The Rechtbank Leiden applies Supreme Court precedents, such as ECLI:NL:HR:2015:1234, requiring the threat to be 'direct and concrete'.

Conditions for prosecution

For liability before the Rechtbank Leiden, these requirements must be met:

• Threat of violence: Through words, gestures, or actions in a café on the Nieuwe Rijn.
• Reasonable fear: The victim justifiably fears execution.
• Evidence: WhatsApp messages, neighborhood witnesses, or municipal camera footage.
• Serious tone: Even a 'joke' counts if it seems serious to a reasonable Leiden resident.

Judges in Leiden assess whether an average citizen would perceive the threat as real.

Examples from Leiden practice

Example 1: A WhatsApp message: "I'll break into your flat on the Zijlsingel and stab you if you don't stop." This is a direct threat of violence against the person.

Example 2: During an argument at a student house: "I'll wreck your scooter on the Vismarkt!" This targets property and falls under Article 285 Sr.

Example 3: An ex sends: "I'll harm your kids if you go through with the divorce." This involves next of kin and is treated gravely in Leiden.

Recently, the Rechtbank Leiden (drawing on ECLI:NL:RBAMS:2022:4567) ruled that an anonymous threat letter stating "You're finished" was punishable due to the local context.

Rights and obligations in Leiden

As a victim:

• File a report with the police in Leiden.
• Seek a contact ban or protective measures via Rechtbank Leiden (art. 8:1 Wft, art. 255 Sv).
• Get free advice from Juridisch Loket Leiden or Victim Support Netherlands.

Obligations: Preserve evidence and report immediately.

As a suspect:

• Right to silence and a lawyer (art. 40 Sv).
• Cooperate with police but avoid self-incrimination.
• Case may be dropped if deemed non-serious.

Steps for a threat in Leiden

1. Immediately: Call 112 if urgent, otherwise 0900-8844.
2. Secure evidence: Screenshots, witnesses from your neighborhood.
3. Seek help: Juridisch Loket Leiden or a lawyer.
4. Court: Request a contact ban at Rechtbank Leiden.

Related: Threat, Filing a Report, Contact Ban. For domestic violence: report to Municipality of Leiden.

Frequently asked questions

Tips for Leiden residents

• Prevent escalation: Block the perpetrator, report to police or Municipality of Leiden for the Safety House.
• Seek support from Juridisch Loket Leiden for prevention.
• Stay vigilant in busy spots like Pieterskerkplein.