Unlawful deprivation of liberty means that a person intentionally deprives another of his freedom. This can take place, for example, by imprisoning, kidnapping or otherwise preventing someone from moving freely against their will. Unlawful deprivation of liberty is considered a serious crime in the Penal Code. In principle, this crime is punishable by up to eight years in prison or a fifth-category fine (€103,000).
What is an example of unlawful deprivation of liberty? Imagine Lisa is angry at her neighbor Tom for making a boundary fence in her driveway. In a moment of anger, she decides to lock Tom in her basement against his will. She keeps the door locked and leaves him there for hours without access to food, water, or the ability to communicate with the outside world. There is no demand or negotiation; Lisa acts out of personal revenge and to express her frustrations. This is an example of unlawful deprivation of liberty, where Tom's freedom is restricted unjustly and without purpose.
Hostage and unlawful deprivation of liberty are different crimes. Both offenses involve restricting a person's freedom, but they differ in intent and purpose.
What does the article of law say regarding unlawful deprivation of liberty?
The law article criminalizing unlawful deprivation of liberty, Article 282 of the Penal Code, reads as follows:
'He who intentionally deprives another of liberty shall be punished by imprisonment for not more than eight years or a fine of the fifth category.'
What penalties can be imposed for unlawful deprivation of liberty?
It is up to the judge to determine whether an offense has been committed. If so, the judge will consider all relevant circumstances when determining the sentence. The defendant's personal circumstances also play a role. The attorneys at Kötter, L'Homme & Plasman Advocaten ensure that these circumstances are carefully presented to the judge. The maximum prison sentence that can be imposed for unlawful deprivation of liberty is eight years. However, the maximum sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play a crucial role in a suspected unlawful detention case. For example, one of our lawyers can point out to the judge any deficiencies in the evidence. If the evidence is insufficient, this should lead to acquittal. Should the suspect have confessed to the crime, a lawyer from Kötter, L'Homme & Plasman Lawyers can argue for a lesser sentence based on specific circumstances of the case.
Is attempted unlawful deprivation of liberty punishable?
Attempted unlawful deprivation of liberty is also punishable. Article 45 of the Penal Code states that an attempt to commit a crime is punishable provided there has been a beginning of execution of the crime. Whether there is a beginning of execution depends on the facts and circumstances of the case. Case law shows that it is important how close the defendant's conduct was to the completion of the intended crime.
In addition, the defendant must have actually intended to deprive someone of their liberty. In criminal law, this is called (conditional) intent. (Conditional) intent occurs when the defendant has consciously accepted the substantial probability that the consequence, as in this case the deprivation of liberty, will occur.
An attempted intentional deprivation of liberty carries a lower maximum term of imprisonment than a completed deprivation of liberty. The maximum prison sentence for an attempt is reduced by one-third of the maximum sentence for the completed offense.
Exoneration for (attempted) unlawful deprivation of liberty?
With regularity, suspects are acquitted of this crime. An example is shown below.
Three young women have reported serious crimes to the police. They claim they were threatened, groped, raped, assaulted and deprived of their freedom in a Belgian club and later in the car. However, the suspect was acquitted of unlawful deprivation of liberty. There is insufficient evidence that his intent was to deprive them of their liberty. Rather, the purpose of his actions seemed to be to get attention and perform sexual acts, not to deprive them of their freedom.
Need a lawyer for (attempted) unlawful deprivation of liberty?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists in the field of (attempted) intentional deprivation of liberty. We can assist you the moment you are suspected of (attempted) intentional deprivation of liberty. Our lawyers will analyze the criminal case file and determine with you the best strategy to achieve the desired result. It is important to know that our lawyers do not make empty promises; we offer you sound, honest and sincere advice. Should you have to appear in court, we will ensure that you are thoroughly prepared for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will represent you 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 (if you or someone you know may be arrested soon), please contact us at our emergency phone number 06-24428734.
Read here more on unlawful deprivation of liberty and hostage-taking.
