In criminal law, not only the commission of a completed crime is punishable. An attempt to commit a crime and, in some cases, the preparation thereof can also lead to punishment. However, the legislation sets strict conditions for both situations.
Attempt to Commit a Crime (art. 45 Sr)
An attempt to commit a crime is deemed punishable when the perpetrator's intent becomes clear through the commencement of the execution of the offense.
Conditions for a Punishable Attempt
| Condition | Explanation |
|---|---|
| Intent | The perpetrator must have intended to complete the crime |
| Commencement of execution | Acts that, externally viewed, are aimed at completing the offense |
| Not completed | The crime has not been fully executed |
When is There Commencement of Execution?
What is considered the beginning of execution?
- A burglar who tries to break open a door but is interrupted
- A person who approaches someone with a weapon but is stopped
- A robber who enters a store with a mask but eventually flees
Penalty for an Attempt
The maximum penalty for an attempt is the maximum for the completed offense, reduced by one third.
| Crime | Maximum Completed | Maximum Attempt |
|---|---|---|
| Manslaughter | 15 years | 10 years |
| Theft | 4 years | 2 years 8 months |
| Murder | Life/30 years | 20 years |
Voluntary Withdrawal
If a perpetrator voluntarily desists from their plan, this is not considered a punishable attempt.
Conditions for Voluntary Withdrawal
- The decision must be voluntary, not under pressure from external factors
- The offense must not yet have been completed
- The perpetrator must have ensured themselves that the offense does not proceed
Practical Examples
- Voluntary: A burglar who regrets and leaves
- Not voluntary: A burglar who flees because of an alarm
Inadequate Attempt
In some cases, the completion of a crime is objectively impossible.
Absolute versus Relative Inadequacy
| Type | Description | Punishable? |
|---|---|---|
| Absolutely Inadequate | Completion was never possible | No |
| Relatively Inadequate | Not possible in this situation | Yes |
Examples from Practice
- Absolute: Trying to 'kill' someone with a fake weapon (not punishable)
- Relative: Shooting at an empty bed under the assumption that someone is lying in it (punishable)
Preparation of Crimes (art. 46 Sr)
For serious crimes, the preparation can also be punishable.
Conditions for Punishable Preparation
- It concerns a crime with a penalty of at least 8 years
- The perpetrator has deliberately prepared materials, data or financial means
- These are specifically intended for committing the crime
Penalty for Preparation
The maximum penalty is half the penalty for the completed offense, with a maximum of 15 years.
Differences between Attempt and Preparation
| Characteristic | Attempt | Preparation |
|---|---|---|
| Stage | Commencement of execution | Preparatory acts |
| Punishable for | All crimes | Only crimes with ≥8 years penalty |
| Penalty | Maximum minus one third | Maximum minus half |
Frequently Asked Questions about Criminal Law in Leiden
When is an attempt to commit a crime punishable?
An attempt becomes punishable if the perpetrator intended to commit the crime and has already begun its execution. This means that acts have been performed that are clearly aimed at completing the offense, such as forcing a lock. However, the offense must not have been completed.
What is the difference between attempt and preparation?
An attempt concerns the commencement of the execution of a crime, while preparation involves acts preceding it, such as gathering means. Preparation is only punishable for serious crimes with a minimum penalty of 8 years.
Can I get legal assistance in Leiden?
Yes, you can go to the Juridisch Loket Leiden at Stationsweg 46 for free legal advice. In addition, the Rechtbank Den Haag, Leiden location, handles criminal cases in the region.