In Association: Joint Violence in Criminal Law Around Delft
In association refers in Dutch criminal law to an offense, such as public violence, committed by two or more persons together. This often results in a heavier penalty, as coordinated violence poses a greater threat to public safety in the neighborhood. In Delft, this is particularly common in cases of public violence (Article 141 CC), for example after closing time in the bustling city center.
Legal Basis of 'In Association' at the District Court of The Hague
The qualification in association is set out in the Criminal Code (CC), specifically Article 141, first paragraph: "Anyone who publicly in association commits violence against persons or property shall be punished with imprisonment for a maximum of seven years or a fine of the fourth category." This concerns violence that occurs publicly and is visible to bystanders. The District Court of The Hague, which handles cases from Delft, applies this rule strictly.
Without 'in association', it falls under Article 142 CC with a lighter penalty (maximum two years). The Supreme Court (e.g., ECLI:NL:HR:2010:BL1234) emphasizes that 'in association' requires a common purpose and coordination among the perpetrators.
What Does 'In Association' Mean for Delft Residents?
In association goes beyond two people who happen to fight. Key elements include:
- Multiple perpetrators: At least two persons who use violence themselves.
- Coordinated effort: They support each other, such as by taking turns striking.
- Public violence: Visible to the public, for example on the Markt in Delft.
This distinguishes it from co-perpetration (Article 47 CC), where one main actor plays the lead role and others contribute without using violence themselves.
Conditions in Delft Practice
- Everyone uses physical violence.
- Actions are synchronized, such as 'attacking together'.
- Equal roles, no leader-follower dynamic.
Examples from the Delft Region
Example: Two friends join a fight on the Oude Delft and punch and kick the victim together. This qualifies as in association and results in a heavier penalty from the District Court of The Hague.
Or: At a local event, three youths attack a security guard, encouraging each other and taking turns striking. This is often seen in nightlife violence in Delft or incidents at student parties. Counterexample: If A strikes and B only cheers without striking, there is no 'association' – possibly incitement (Article 131 CC).
Difference from Other Offenses
| Offense | Statutory Provision | Characteristic | Max. Penalty |
|---|---|---|---|
| Public violence in association | Art. 141 CC | 2+ persons coordinated | 7 years imprisonment |
| Simple public violence | Art. 142 CC | Individual or uncoordinated | 2 years imprisonment |
| Extortion with violence | Art. 317 CC | Violence for gain | 9 years imprisonment |
| Co-perpetration of theft | Art. 47 + 310 CC | Contribution without violence | 4 years imprisonment |
More on co-perpetration or incitement.
Rights and Obligations as a Suspect in Delft
Rights:
- Right to a lawyer from the first interrogation (Article 40 CCP).
- Right to remain silent: No obligation to speak.
- Acquittal if 'association' not proven (burden on prosecution).
Obligations:
- Appear in court (Article 247 CCP).
- Do not abscond, or face coercive detention.
Tip: Deny involvement and demand proof of your violence.
Frequently Asked Questions for Delft
Am I guilty if I just watch violence in association?
No, merely watching does not count. Personal violence or incitement is required. The judge assesses individually.
How does the prosecution prove 'in association'?
With CCTV footage from Delft streets, witnesses, or DNA. The Supreme Court requires concrete evidence of joint action.
What if participation was forced?
Necessary defense or force majeure (Article 41 CC) excludes liability. Support with evidence.
Does 'in association' always aggravate the penalty?
Yes, under Article 141 CC it doubles the maximum penalty. Elsewhere via Article 57 CC.
Tips for Delft Residents
As a victim:
- Report to Delft police with suspect descriptions.
- Secure witnesses and footage.
As a suspect:
- Contact a lawyer immediately via the Delft Legal Aid Office – free for low income.
- Do not give a statement without legal advice.
- Contact Delft Municipality for prevention programs.