Sedition is a crime against public order and involves publicly, orally or by writing or image, inciting others to commit a criminal offense or to act violently against public authority. It mainly involves situations where a person publicly and intentionally incites others to participate in illegal or violent activities.
In principle, sedition is punishable by imprisonment for not more than five years or a fine of the fourth category (€25,750). Under special circumstances, a terrorist intent, the maximum prison sentence may be increased by one-third.
What does the law article say regarding sedition?
The law article criminalizing sedition, Article 131 of the Penal Code, reads as follows:
'1 He who incites in public, orally or by writing or picture, to any offence or to violent action against public authority shall be punished by imprisonment for a term not exceeding five years or a fine of the fourth category.
2. If the offense to which incitement is made involves a terrorist crime or a crime to prepare or facilitate a terrorist crime, the term of imprisonment set for the offense described in the first paragraph shall be increased by one-third.
What is an example of sedition?
An example of sedition might be the following situation. During a public gathering, for example, a political demonstration, a speaker begins to add to the audience that the government should be overthrown by violence. The speaker calls for attacking police officers and vandalizing public buildings. The speaker uses forceful and provocative language to motivate the audience to participate in violent actions and to fight the authorities.
What penalties can be imposed for sedition?
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 sedition is five years. Under special circumstances as mentioned in the article of law, the maximum prison sentence can be increased by one-third. 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 sedition case. 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 suspect 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 attempted sedition punishable?
Attempting this crime is not punishable.
Exoneration for sedition?
With regularity, suspects are acquitted of this crime. An example is shown below.
The court acquitted the defendant because to constitute sedition, others must be called upon or incited to commit one or more offenses. The utterance in this case was not directed to others and therefore the court held that it could not be considered sedition.
Need a lawyer for sedition?
The lawyers of Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you the moment you are suspected of (attempted) sedition. 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.
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