Last updated on 27 October 2026

A criminal attempt (poging) is starting a serious offence that is not completed. The offender meant to commit it but failed. Attempt is punishable under Article 45 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr). The maximum penalty is one third lower than for the completed offence. Preparation may also be punishable (Article 46 Sr).

Table of contents

Legal basis

Article 45(1) Sr requires two things: the intention of the offender and the start of execution. An attempt to commit a minor offence (overtreding) is not punishable. The maximum main penalty is reduced by one third. If the offence carries life imprisonment, the maximum for the attempt is twenty years (Article 45(3) Sr). Additional penalties stay the same.

Article 46 Sr makes preparation (voorbereiding) punishable for offences with a maximum of eight years or more. It covers intentionally acquiring, making or holding objects, substances, data carriers, premises or vehicles intended for that offence. The maximum is halved. For offences carrying life imprisonment, the maximum is fifteen years.

Article 46a Sr makes it an offence to try to persuade someone to commit a serious offence. Under Article 46b Sr, there is no punishable attempt or preparation if the offence was not completed because of circumstances within the offender’s own control. This is called voluntary withdrawal (vrijwillige terugtred).

How it works in practice

The court asks whether the conduct, by its outward appearance, was aimed at completing the offence. A burglar levering a door with a crowbar has started the execution. Someone merely walking around a house usually has not.

For intention, conditional intent (voorwaardelijk opzet) is enough. Someone who knowingly accepts a considerable chance that a person will die can be convicted of attempted manslaughter. Serious cases go to court on a summons, often with pre-trial detention.

Common pitfalls

Suspects sometimes believe they cannot be punished because nothing happened. For an attempt, what counts is what you intended and how far you got. The absence of harm does not change that.

Voluntary withdrawal only works if you decided yourself to stop. If you stop because the police arrive or the door will not open, the withdrawal is not voluntary. Article 46b Sr then offers no protection.

With preparation, the line is thin. A toolbox in your car is not an offence. It can become one if it is proven that the tools were meant for an offence carrying eight years or more.

The exact charge matters. Whether the prosecutor charges attempted manslaughter or attempted serious assault determines the maximum penalty and the defence.

Our criminal lawyers assist suspects and victims in cases involving attempted and prepared offences.