Participation in a criminal organization aimed at committing terrorist crimes is considered a serious crime and is punished considerably more severely than participation in any other type of criminal organization. Participation in a criminal organization with terrorist intent is, in principle, punishable by imprisonment for a term not exceeding 15 years or a fine of the fifth category (€103,000).
Founders, leaders or directors of a criminal organization with terrorist intent, shall in principle be punished with life imprisonment or temporary imprisonment for a term not exceeding 30 years or a fifth category fine.
What does the article of law say regarding participation in a criminal organization with terrorist intent?
The article of law criminalizing participation in a criminal organization with terrorist intent, Article 140a of the Penal Code, reads as follows:
'1 Participation in an organization with the aim of committing terrorist crimes shall be punishable by imprisonment for a term not exceeding 15 years or a fine of the fifth category.
2. Founders, leaders or directors shall be punished by life imprisonment or temporary imprisonment not exceeding 30 years or a fifth category fine.
3. The fifth paragraph of Article 140 shall apply mutatis mutandis.
(Participation as defined in the first paragraph includes the provision of monetary or other material support to as well as the raising of funds or persons for the benefit of the organization described therein.)'
What penalties can be imposed for participation in a criminal organization with terrorist intent?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for participation in a criminal organization with terrorist intent is fifteen years. If a founder, leader or director is involved, the maximum prison sentence can be up to life in prison or a temporary maximum of thirty years. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected participation in a criminal organization with terrorist intent. One of our lawyers can point out to the judge that there is insufficient evidence. In that case, acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten may present circumstances why a low(er) sentence should follow.
Is attempted participation in a criminal organization with terrorist intent punishable?
Attempting this crime is not punishable.
Exoneration for participating in a criminal organization with terrorist intent?
With regularity, suspects are acquitted of this crime. An example is shown below.
The judge acquitted the defendant because there was insufficient evidence to establish that the defendant was guilty of participating in a terrorist organization. Neither could it be established that there was a beginning to carry out participation in a terrorist organization.
Need a lawyer for participating in a criminal organization with terrorist intent?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you if you are suspected of participating in a criminal organization with terrorist intent. Our lawyers will discuss the criminal case file with you and together with you determine a strategy that can 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.
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