Last updated on 27 October 2026

Public violence (openlijke geweldpleging) means using violence in public, together with others, against people or property. The offence is set out in Article 141 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr). The maximum penalty is four years and six months’ imprisonment or a fourth-category fine. Higher maximums apply when the violence causes injury or death.

Table of contents

Legal basis

Article 141(1) Sr has three requirements. The violence is public, meaning it takes place in or can be seen from a public place. It is committed jointly, by at least two people. And it is aimed at people or property, such as a car, a bus shelter or a shop window.

Article 141(2) Sr contains aggravated forms. If property is intentionally destroyed or the violence causes bodily injury, the maximum is six years. If it causes serious bodily injury, the maximum is nine years. If it causes death, the maximum is twelve years. Public violence is always a serious offence (misdrijf).

How it works in practice

Public violence often arises from nightlife fights, riots and football-related disorder. The police gather CCTV footage, bystander videos and witness statements. This often leads to the arrest of several suspects.

For each suspect, the court decides whether they made a sufficiently significant contribution to the violence. You do not always need to have hit or kicked someone yourself. Pushing, encouraging others or moving forward with the group can also count. Merely being present is not enough.

For the basic form and the form involving injury or damage (maximum six years), the public prosecutor may issue a penal order (strafbeschikking) under Article 257a of the Code of Criminal Procedure. Serious cases go to court on a summons. The Public Prosecution Service (Openbaar Ministerie) uses its own guidelines for sentencing demands. Victims can join the proceedings as an injured party (benadeelde partij) to claim compensation.

Common pitfalls

Suspects often believe they will walk free because they did not hit anyone. Under Article 141 Sr, what counts is the contribution to the group violence. Someone pushing at the front can be convicted.

On the other hand, participation is sometimes assumed too quickly. Camera footage does not always show who did what. A careful defence checks, second by second, what the footage really shows.

A statement given to the police without a lawyer can carry great weight later. You have the right to a lawyer before and during the police interview. You also have the right to remain silent.

Victims sometimes wait too long to report. Camera footage held by shops and municipalities is often deleted after a short period. Reporting quickly makes it more likely that footage is preserved.

Our criminal lawyers assist suspects and victims in cases involving public violence.