Criminal Attempt in Leiden

A criminal attempt involves an incomplete offense where concrete steps have been taken to commit a crime. Under Dutch criminal law, which also applies to residents of Leiden, this can lead to prosecution at the Rechtbank Leiden. This article explains the meaning, requirements, and consequences, with a focus on local procedures.

What is a criminal attempt?

Criminal law distinguishes completed offenses from attempts and preparatory acts. A criminal attempt arises when execution has begun but not been completed, as it poses an immediate danger to society in Leiden and beyond.

The Supreme Court sets three requirements:

Unlawful intent: The perpetrator must deliberately intend to commit the crime.
Beginning of execution: A direct act toward the offense.
Imminence: Completion must be imminent, beyond mere preparation.

This distinguishes attempt from non-punishable preparation. More details in our article on Attempt and Preparation.

Legal basis

Article 45 of the Criminal Code (CC) governs criminal attempt: "Attempt to commit a crime shall be punishable if the crime was not completed by the offender, with imprisonment for a term not exceeding half the maximum penalty for the crime, unless otherwise provided."

For violations, Article 46 CC applies, but attempts are rarely punishable. For crimes such as murder (art. 287 CC) or theft (art. 310 CC), specific rules exist. This serves prevention and deterrence in areas like Leiden.

Requirements for punishability

All three conditions must be met:

Unlawful intent: Proven by facts, witnesses, or documents at the Rechtbank Leiden.
Beginning of execution: Going beyond preparation, such as grabbing an item in a Leiden department store for theft, not just observing.
Imminence: Completion is near; voluntary desistment may lead to reduced punishment (art. 46b CC).

Voluntary desistment

Article 46b CC allows the judge to mitigate or waive punishment for voluntary abandonment, e.g., due to remorse.

Practical examples

Example: Someone tries to steal a bicycle from a parking garage in central Leiden by forcing the lock but is stopped. This qualifies as a criminal attempt at theft.

Aiming and pulling the trigger of a firearm with a dummy round is attempted murder (Supreme Court 12 April 2005, ECLI:NL:HR:2005:AT3689).

Counterexample: Buying a crowbar for a burglary in Leiden is mere preparation.

Penalties for attempt in Leiden

Maximum half the penalty for the completed offense (art. 45 CC), with room for mitigation by the Rechtbank Leiden.

Offense	Max. penalty completion	Max. penalty attempt
Theft (art. 310 CC)	4 years	2 years
Murder (art. 289 CC)	Life/30 years	15 years
Threat (art. 285 CC)	2 years	1 year

Community service, conditions, or compensation possible via local hearings.

Rights and obligations

As a suspect:

Right to silence and lawyer from interrogation (art. 40 Code of Criminal Procedure).
Access to case file at Rechtbank Leiden.
Cooperate without self-incrimination.

As a victim: Report to police or Municipality of Leiden, claim damages in criminal proceedings (art. 51a Code of Criminal Procedure).

The principle of ne bis in idem prevents a higher sentence than demanded.

Frequently asked questions

Is every failed action a criminal attempt?

No, only if requirements are met. Bad luck (e.g., gun jam) counts; voluntary desistment does not.

When is preparation punishable?

Rarely, except for terrorism (art. 130 CC) or murder of VIPs. See Attempt and Preparation.

Prosecution despite remorse?

Yes, unless proven voluntary desistment (art. 46b CC), as assessed by the judge.

Attempt thwarted by others?

No impact; beginning of execution suffices.

Tips for Leiden residents

If suspected, contact Het Juridisch Loket Leiden for free advice.
Document voluntary desistment with witness statements.
Victims: Report to police and request victim support via Rechtbank Leiden.
Prevention: Report suspicious activities to the Municipality of Leiden or police for a safer city.

Criminal Law

Criminal Attempt in Leiden