In Dutch criminal law, punishable offences are divided into crimes and offences. This distinction affects both the legal procedure and the possible penalties.
What is the difference?
Crimes concern serious punishable offences, while offences are less serious violations.
Overview of differences
| Criterion | Crime | Offence |
|---|---|---|
| Seriousness of the offence | Serious | Less serious |
| Code location | Book 2 CC | Book 3 CC |
| Intent requirement | Often intent required | Usually no intent required |
| Attempt punishable? | Yes | No (unless specifically stated) |
| Complicity | Punishable | Not punishable |
| Pre-trial detention | Permitted | Not permitted |
Examples of crimes
Crimes include the more serious offences that often carry heavy penalties.
Typical crimes
- Theft (art. 310 CC)
- Assault (art. 300 CC)
- Fraud and deception (art. 326 CC)
- Threat with violence (art. 285 CC)
- Driving under the influence of alcohol (art. 8 HWV)
- Drug-related crimes (Opium Act)
- Murder or manslaughter (art. 287-289 CC)
Examples of offences
Offences are less serious matters that are often settled with a fine.
Common offences
- Minor traffic offences
- Public drunkenness (art. 453 CC)
- Minor disturbances (art. 424 CC)
- Minor noise nuisance
- Violation of local rules (APV Leiden)
Impact on the legal proceedings
The difference between crime and offence has consequences for the legal procedure.
Differences in procedure
| Feature | Crime | Offence |
|---|---|---|
| Investigative powers | Extensive | Limited |
| Judicial body | Multi-judge panel possible | District court judge |
| Statute of limitations | 6 to 20 years (depending on penalty) | 3 years |
| Registration on criminal record | Always | Often not |
Possible penalties
The penalty severity differs significantly between crimes and offences.
Maximum penalties
| Type of penalty | Crime | Offence |
|---|---|---|
| Imprisonment | Yes (up to life) | Not possible |
| Detention | Yes | Maximum 1 year |
| Community service | Up to 240 hours | Up to 240 hours |
| Fine | Up to 6th category (€900,000) | Up to 4th category (€22,500) |
Complex situations
In some cases, it is not immediately clear whether something is a crime or an offence.
Important considerations
- The law determines the classification of an offence
- In case of uncertainty: consult the location in the code
- Aggravating circumstances can make an offence more serious
- Certain offences may be regarded as crimes upon repetition
Frequently asked questions in Leiden
What if I am suspected of a punishable offence?
You have the right to a lawyer, you may remain silent, and the police must inform you of your rights. Being suspected does not mean you are guilty.
How long can I be detained without trial?
Maximum 10 days in pre-trial detention, after which a judge must extend it. Pre-trial detention has a limit.
What distinguishes a crime from an offence?
A crime is more serious and can lead to imprisonment, while an offence is often settled with a fine.
Am I entitled to legal assistance?
Yes, you always have the right to a lawyer. If you cannot afford it, this can be arranged free of charge.
Can I appeal against a judgment?
Yes, you have the option to appeal to the court of appeal.
Local information Leiden
Court: District Court of The Hague, Leiden location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46