Insult is a relatively minor crime. Consider, for example, scolding someone. Simple insult is, in principle, punishable by up to three months in prison or a second-category fine (€5,150). This is different from libel and/or defamation.
Defamation is a complaint crime, which means that prosecution only occurs after a formal complaint in addition to the report, unless it involves a public official in office. There is no pre-trial detention for insult; you can only be held for a short time for questioning. The maximum prison sentence for insult is three months, but in practice a fine is usually imposed. In repeated or serious cases, community service or imprisonment may be imposed.
Note that if the offense is repeated within five years, community service may be excluded, and the judge must then impose a fine or jail time. Aggravating factors such as the severity of the offense, vulnerable victims, and alcohol consumption may increase the punishment. The aggrieved party may also seek immaterial damages. For expert advice and assistance, hire a specialized criminal lawyer.
In the Netherlands group insult and Incitement to hatred, violence, or discrimination offenses, as described in Articles 137c and 137d of the Penal Code. Both offenses affect the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights (ECHR).
What does the law article say regarding simple insult?
The law article criminalizing insult, Article 266 Penal Code, reads as follows:
'1 Any intentional insult which is not in the nature of libel or defamation, whether in public orally or by writing or picture, or done to any person, in his presence orally or by matter of fact, or by a writing or picture sent or offered, shall be punishable, as simple insult, by imprisonment for a term not exceeding three months or a fine of the second category
2. Not punishable as simple insults are conduct whose purpose is to express an opinion on the advancement of public interests, and which is not intended to offend also in other respects or more severely than results from that purpose.'
What penalties can be imposed for simple insult?
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 simple insult is three months. However, the maximum prison sentence is by no means always imposed.
An attorney from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected simple insult. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a defendant has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted simple insult punishable?
Attempting this crime is not punishable.
Exoneration for simple insult?
With regularity, suspects are acquitted of this crime. An example is shown below.
A suspect was accused of insulting an official by raising his middle finger on Sept. 6, 2017, in Amsterdam. The court ruled that the only evidence in the case, the official's own record of the arrest, was not sufficiently reliable. Therefore, the defendant was acquitted for insufficient evidence of the offense.
Need a lawyer for simple insult?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of simple insult. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can achieve the success you desire. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide 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.
Read more about group insult and the incitement to hatred, violence and discrimination.
