Public violence involves committing violence in a group in public against people or property. This offense is specifically punishable due to the increased threat and intimidation that group violence entails.
Definition of Public Violence
According to Article 141 of the Criminal Code, it is punishable to use violence openly and in a group against persons or goods. The conditions are:
- Openly - The violence takes place at a publicly accessible location
- In a group - At least two persons are involved
- Violence - Directed against people and/or possessions
Examples in Leiden
- A fight after a local sports event
- Unrest during a demonstration in the city center
- Violence by a group in the nightlife area around Breestraat
- Vandalism by a crowd in a shopping street
- Incidents during a festival or public event
Penalties
- Standard offense: Up to 4 years and 6 months imprisonment
- In case of serious injury: Up to 6 years imprisonment
- In case of death as a result: Up to 9 years imprisonment
Participation in Violence
It is not necessary that you yourself have used physical violence to be punishable. Active involvement in the violent action, such as encouraging or supporting, can already lead to criminal liability.
Difference from Assault
Assault involves violence by an individual, whereas public violence concerns group behavior. Both charges can be brought simultaneously.
Group Liability
In the case of violence by a group, it is often difficult to determine who did what. The legislation therefore makes participation in the group punishable, regardless of the exact role of an individual.