Assault concerns the deliberate infliction of injury or pain on another person. Dutch legislation distinguishes various degrees, ranging from simple to aggravated assault with potentially fatal consequences.
Simple Assault (art. 300 Sr)
Simple assault means that someone intentionally causes pain or injury to another person, or impairs their health.
Penalty
| Type | Maximum Penalty |
|---|---|
| Standard assault | 3 years |
| With premeditation | 4 years |
| Against a public official | 4 years |
Aggravated Assault (art. 302 Sr)
In aggravated assault, serious bodily injury is intentionally inflicted on the victim.
Definition Serious Injury
- Irreversible illness
- Permanent work disability
- Loss of a sense or body part
- Serious disfigurement
- Loss of an unborn child
Penalty
| Type | Maximum Penalty |
|---|---|
| Aggravated assault | 8 years |
| With premeditation | 12 years |
| With fatal outcome | 10 years (15 years with premeditation) |
Penalty Increase for Assault
In certain cases, such as with specific victims, the penalty may be increased by one third.
Special Victims
- Public officials on duty (e.g. police)
- Care providers (such as ambulance personnel)
- Persons with a public function
Domestic Violence in Leiden
Assault in the private sphere brings specific challenges and is treated separately.
Characteristics
- Often recurring violence
- Possibility of exclusion order for the perpetrator
- Protection of victims through measures
- Targeted support and assistance
Frequently Asked Questions about Assault
What distinguishes simple from aggravated assault?
Simple assault (art. 300 Sr) concerns the intentional causation of pain or minor injury, with a maximum penalty of 3 years. Aggravated assault (art. 302 Sr) involves serious injuries, such as permanent disability, with a penalty up to 8 years. The severity of the injury determines the category.
What to do in case of domestic violence in Leiden?
In case of immediate danger, call 112. For advice, you can contact Safe Home (0800-2000). An exclusion order for the perpetrator is possible, as well as protective measures such as a contact ban. Legal assistance is available via the Legal Aid Office Leiden (Stationsweg 46).
What is the penalty for assault with premeditation?
If assault is planned in advance, the penalties are higher. For simple assault, this is a maximum of 4 years (normally 3 years). For aggravated assault, this can rise to 12 years (normally 8 years), and in case of fatal outcome even up to 15 years.
What is meant by serious bodily injury?
Serious injury includes permanent conditions, work disability, loss of a sense or limb, serious disfigurement or loss of an unborn child. Life-threatening injury or serious mental harm may also fall under this, depending on the judicial assessment.
Is the penalty higher for assault of a public official?
Yes, for assault of a public official or care provider in function, the penalty is increased by one third. For simple assault, this means a maximum of 4 years (normally 3 years), and this increase also applies to aggravated assault.
Relevant Institutions in Leiden
Court: District Court of The Hague, Leiden Location
Legal Aid: Legal Aid Office Leiden, Stationsweg 46