Last updated on 27 October 2026

Insult (belediging) means intentionally attacking another person’s honour or reputation, without it amounting to defamation. Think of name-calling, offensive gestures or hurtful messages. Simple insult is a criminal offence under Article 266 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr). The maximum penalty is three months’ imprisonment or a second-category fine.

Table of contents

Legal basis

Article 266(1) Sr covers three situations. The insult is made in public, spoken or in writing. Or it is made in the victim’s presence, in words or by a gesture or physical act. Or it appears in a letter, message or image sent to the victim. Insult is a serious offence (misdrijf), not a minor offence (overtreding).

Article 266(2) Sr contains an exception. A statement made to give an opinion on how public interests are being handled is not punishable. The exception does not apply if the statement is also meant to hurt the other person in another or more serious way.

Under Article 267 Sr, the prison sentence can be increased by one third if the insult targets a public official during or because of their work. The same applies to the King and his close family, and to a public body or institution. Members of elected bodies, such as a municipal council, are not covered by the rule on officials.

How it works in practice

Under Article 269 Sr, insult is an offence prosecuted only on complaint (klachtdelict). The Public Prosecution Service (Openbaar Ministerie) can only prosecute if the victim files a complaint. This must be done within three months of the victim learning of the offence (Article 66 Sr). Simply reporting the incident is not enough. You have to ask the police explicitly for prosecution.

Insulting an official on duty, such as a police officer, is not a complaint offence. The prosecutor can act without a complaint. Because the maximum penalty is low, the prosecutor often issues a penal order (strafbeschikking). You can object to it within fourteen days (Article 257e of the Code of Criminal Procedure). Otherwise the case goes to court on a summons and a single judge decides.

Common pitfalls

Victims often miss the three-month deadline. After that, the prosecutor can no longer bring the case. Save screenshots, messages and the names of witnesses straight away.

Suspects sometimes assume that a social media post is private. A public post falls under Article 266(1) Sr. A private message sent directly to the victim can also be an offence.

Not every harsh remark is an insult. The court looks at the context, the tone and the purpose. Sharp criticism of policy may fall under the exception in Article 266(2) Sr. Swearing at a police officer during a stop usually does not.

If the statement accuses someone of a specific fact that damages their reputation, it may be defamation or libel instead. Different articles and higher penalties apply.

Our criminal lawyers assist suspects and victims in cases involving insult.