Official coercion is a criminal offense in which a person attempts to force a public official to do, refrain from doing, or tolerate something while that official is acting in the performance of his or her duties. This can occur, for example, through threats, violence, or other forms of coercion. The purpose of the perpetrator is to influence the official to perform his or her legal duties.
In the Penal Code, official coercion is defined in Article 179, and it is considered a serious violation of the independence and integrity of public officials. The punishment can vary depending on the severity of the coercive measures used, but in serious cases can lead to imprisonment.
What does the article of law say regarding ex officio?
The section of the law criminalizing official coercion, Article 179 of the Penal Code, reads as follows:
'He who by force or any other act or threat of force or any other act compels a public servant to perform an official duty or fail to perform a lawful official duty shall be punished by imprisonment for a term not exceeding four years or a fine of the fourth category.'
What is an example of incumbency?
An example of incumbency is the following scenario:
Imagine that a business owner who needs a permit for a construction project is under pressure to obtain the permit quickly. The entrepreneur decides to threaten an official responsible for granting permits. He tells the official that if the permit is not granted immediately, he will release information that could be harmful to the official or his family.
Here, the businessman tries to force the official to make a decision he might not otherwise make. This form of pressure or threat falls under coercion of office because the business owner is attempting to influence the official in the performance of his official duties through intimidation.
What sanctions can be imposed in the case of misconduct?
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 will ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for misconduct is four 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 suspected misconduct. 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 suspect 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 incumbency punishable?
An attempt to coerce may also be punishable. It follows from Article 45 Criminal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to commit official misconduct. In criminal law, this is also called (conditional) intent. (Conditional) intent exists if a defendant has consciously accepted the substantial probability that the consequence mentioned in the criminal provision will occur.
A lower maximum term of imprisonment applies to attempted incarceration than to completed incarceration. This is because the maximum prison sentence for an attempt is reduced by 1/3 of the maximum prison sentence for the completed offense.
Exoneration for (attempted) misconduct?
With regularity, suspects are acquitted of this crime. An example is shown below.
The judge acquitted the defendant because it could not be inferred from the defendant's actions that he thereby intended to force the officer to do anything. Therefore, it also could not be determined what the defendant would have wanted to force the officer to do.
Need a lawyer because of (attempted) misconduct?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of intentional destruction of a building. Our attorneys will discuss the criminal case with you and work with you to determine a strategy to 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.
Want to read more about:
