Last updated on 27 October 2026

Co-perpetration (medeplegen) and complicity (medeplichtigheid) are forms of participation in a criminal offence. A co-perpetrator commits the offence together with someone else and is punished as an offender (Article 47 of the Dutch Criminal Code, Wetboek van Strafrecht, Sr). An accessory only helps. For them, the maximum penalty is one third lower (Articles 48 and 49 Sr).

Table of contents

Legal basis

Article 47(1) Sr treats as offenders those who commit the offence, have it committed by someone else (doen plegen) or co-commit it. The instigator (uitlokker) is also an offender. That is someone who intentionally gets another person to commit the offence through gifts, promises, abuse of authority, violence, threats, deception, or by providing opportunity, means or information. Co-perpetrators and instigators face the same maximum penalty as the main offender.

Article 48 Sr covers complicity. An accessory is someone who intentionally helps while a serious offence is committed. It is also someone who intentionally provides opportunity, means or information beforehand. Under Article 49 Sr, the maximum penalty is reduced by one third. If the offence carries life imprisonment, the maximum is twenty years. Complicity in a minor offence (overtreding) is not punishable (Article 52 Sr).

How it works in practice

For co-perpetration, the Supreme Court (Hoge Raad) requires close and conscious cooperation. That cooperation must be intensive enough for your contribution to carry real weight. It does not have to be a physical act. A key role in planning can be enough.

If your contribution was smaller, complicity comes into view. Think of someone who only passes on an address or keeps a lookout. The Public Prosecution Service often charges both forms as alternatives. The court then decides which one is proven.

The difference matters for the sentence. In a robbery case, it can mean years. The public prosecutor explains in the closing speech which role they believe you played.

Common pitfalls

Suspects often say: “I was just standing there.” Mere presence is not enough for co-perpetration. But someone who stays, backs up the offender or drives off together can still be treated as a co-perpetrator.

Drivers and informants underestimate their risk. Someone who knowingly drives another person to the scene of a robbery may be a co-perpetrator. Whether it is co-perpetration or complicity depends on all the facts together.

Statements by co-suspects can weigh heavily. They may have an interest in downplaying their own role. Your lawyer can have those statements tested, for example by asking for witnesses to be heard.

Intent must be proven. An accessory must know that they are helping with a serious offence. Under Article 49(4) Sr, only what they intentionally made easier or promoted counts towards the sentence.

Our criminal lawyers assist suspects and victims in cases involving co-perpetration and complicity.