Providing assistance to the perpetrator of a crime after it has been committed is punishable under the Penal Code. In principle, aiding the perpetrator after a crime is punishable by imprisonment for up to six months 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).
An example of the crime 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 operation 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.
Incidentally, a person can also be prosecuted for the disposal of evidence. This is a separate offence laid down in Article 200 Sr.
What does the article of law say regarding assistance to offender after crime?
The law article criminalizing assistance to offender after crime, Article 189 of the Penal Code, reads as follows:
'Punishable by imprisonment not exceeding six months or a fine of the third category:
(1) he who intentionally conceals or aids a person guilty of or suspected of any crime in evading investigation or arrest by the officials of the judiciary or police;
2. he who, after any crime has been committed, with the intention of covering it or preventing or hindering the investigation or prosecution, destroys, removes, conceals or removes from the investigation of the officials of justice or police, objects on or with which the crime was committed or other traces of the crime;
3. he who intentionally uses objects that may serve to expose the truth or to obtain unlawfully obtained advantage as referred to in Article 36e prove, with the intent to prevent, hinder or thwart its seizure, conceals, destroys, disposes of or removes from the investigation of the officers of the judiciary or police, or by deliberately providing data or information to third parties that prevents, hinders or thwarts such seizure.
In case the crime referred to in the first paragraph is a terrorist crime, a term of imprisonment not exceeding four years or a fine of the fifth category may be imposed.
These provisions shall not apply to him who performs the acts specified therein for the purpose of avoiding or averting danger of persecution from one of his relatives or spouses in the direct line or in the second or third degree of the collateral line or from his spouse or former spouse.
'Persons in the public service of an international court that derives its jurisdiction from a treaty to which the kingdom is a party, who are charged with the investigation or prosecution of any crime, as well as persons in the public service of a foreign state who exercise their ministry in the Netherlands in a manner permitted by international law, shall be equated with officials of the judiciary or police.'
What penalties can be imposed when assisting an offender after crime?
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 aiding an offender after a crime is six months. If it is a terrorist crime, the maximum prison sentence that can be imposed is four years. 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 when there is a suspicion of aiding an offender after a crime. 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 may present circumstances why a low(er) sentence should follow.
Is an attempt to aid offender after a crime punishable?
Attempting this crime is not punishable.
Exoneration for aiding offender after a crime?
With regularity, suspects are acquitted of this crime. An example is shown below.
The judge acquitted the defendant because the act was not sufficiently directed toward promoting or facilitating another's criminal acts or aiding the perpetrator in the commission of a crime.
Lawyer needed for providing assistance to offender after crime?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of aiding an offender after the commission 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. It is good for you to know, however, 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.
