Are you involved in a case where you are accused of aiding an offender after a crime? According to article 189 of the Penal Code, it is punishable to helping someone after a crime has been committed. This may include hiding the offender or destroying evidence. The penalty can be up to six months in prison or a fine of up to €10,300. In the case of terrorist crimes, the penalties can be even more severe, up to four years in prison or a fine of €103,000.
In addition, Article 191 of the Penal Code makes freeing a prisoner a criminal offense. This can result in imprisonment for up to four years. This article applies to situations where someone is freed who has been lawfully deprived of liberty by a judge or public authority.
Incidentally, a person can also be prosecuted for the disposal of evidence. This is a separate offence laid down in Article 200 Sr.
Offering help after crime punishable?
The Providing assistance to the perpetrator of a crime after it has been committed, is punishable under Article 189 of the Penal Code.
In principle, aiding the perpetrator after a crime is punishable by up to six months' imprisonment or a third-category fine (€10,300). If it involves aiding the perpetrator of a terrorist crime, the penalty can rise to up to four years in prison or a fifth-category fine (€103,000).
Suppose someone has committed a serious crime, such as robbing a bank. After the robbery, a friend of the perpetrator decides to help him. This friend hides the perpetrator in his home, preventing the police from finding him. Also, the friend destroys the clothing and weapons used during the robbery, leaving no evidence for the investigation. This is a clear example of aiding an offender after a crime, which falls under Article 189 of the Penal Code. In this case, the friend can be prosecuted and criminally punished with up to six months in prison or a fine of €10,300. However, if the crime was terrorist in nature, the penalty could be up to four years in prison or a fine of €103,000.
Helping escape from prison punishable?
The helping to escape from prison is punishable under Article 191 of the Penal Code.
In a legal sense, the liberation of a prisoner involves freeing, or assisting in the liberation of, a person deprived of liberty by public authority or by virtue of court order or decree. At liberation of a prisoner is in principle punishable by imprisonment for up to four years or a fine of the fourth category (€25,750).
An example of the offense described in Article 191 of the Penal Code could be as follows:
Suppose a person named Peter is in a prison because he has been convicted of drug trafficking. His brother, Mark, decides to free him. Mark plans and executes an escape in which he enlists a group of accomplices. They break into the prison, disable security, and help Peter escape. They make sure Peter is brought safely out of the prison and then hide him in a safe location.
Lawyer needed because of (attempted) release of prisoner or aid to perpetrator of crime?
The lawyers at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you at the time you are suspected of liberation of a prisoner whether it Providing assistance to a perpetrator of a crime. Our attorneys will discuss the criminal case with you and work with you to determine a strategy that will achieve the success you desire. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
