Reciprocity is said to occur when a person opposes an action of an official by force or under threat of force. Consider, for example, resistance to a police officer. Recalcitrance in principle carries a maximum prison sentence of up to one year or a third-category fine (€10,300). Recidivism can be combined with assault or insult.
An example of reciprocity is the following situation. Imagine that a police officer stops someone for a routine check and asks for their ID. However, the person refuses to show his identity, gets angry, and begins to insult and push the police officer. This person is engaging in reprisal because he is actively resisting authority and obstructing the performance of the police officer's duty.
What does the article of law say regarding recrimination?
The law article criminalizing reciprocity, Article 180 of the Penal Code, reads as follows:
'He who with violence or threat of violence opposes a public servant employed in the lawful exercise of his ministry, or persons who assist him in doing so pursuant to legal obligation or at his request, shall be punished as guilty of reprisal by imprisonment for not more than one year or a fine of the third category.'
What punishments can be imposed for rebellion?
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 rebellion is one year. However, the maximum prison sentence is by no means always imposed.
A lawyer from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in the case of suspected bias. 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 argue circumstances why a low(er) sentence should follow.
Is attempted reprisal punishable?
Attempting this crime is not punishable.
Exoneration for widowhood?
With regularity, suspects are acquitted of this crime. An example is shown below.
The judge acquitted a suspect because the charges were not legally and convincingly proven. The case file does not provide sufficient clarity on the course of events regarding the alleged resistance committed by the suspect during his arrest.
Need a lawyer for spitefulness?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of reprisal. 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 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.
Want to read more about:
- What you should do after someone is arrested?
- How a police court hearing goes?
- How a multiple-chamber hearing goes?
- What is an arraignment with the magistrate judge?
