Abuse
Frequently Asked Questions
Rape
Psychological abuse
Physical abuse
Sexual assault
Neglect
assault lawyer
Assault police
Maltreatment in the Netherlands is a serious social problem that affects both victims and suspects. In this introduction, we explore the legal aspects, consequences and preventive measures surrounding mistreatment in the Dutch legal system.
What is mistreatment
We speak of mistreatment refers to intentionally and physically or mentally harming a person. It can take several forms, including:
- Physical abuse: this includes acts where violence is used. This includes hitting, kicking, biting, throwing objects or otherwise causing physical injury to a person. Physical abuse can range from mild to severe and can cause visible injuries or internal damage.
- Psychological abuse: emotional pain or suffering has been intentionally inflicted on the victim. Examples include humiliation, threats, intimidation, isolation or verbal abuse.
- Sexual assault: sexual assault includes unwanted sexual acts against a person's will. This can rape, include sexual assault, sexual harassment or any form of sexual violence.
- Neglect: this occurs when someone responsible for the care of another, such as a parent for a child, fails to provide for that person's basic needs. This can include failure to provide food, shelter, medical care, or emotional support.
Assault is punishable and is considered a criminal offense in many countries, including the Netherlands, as a crime convicted. It can lead to both civil and criminal consequences for the perpetrator. Victims of abuse can bear both physical and emotional scars, and it is important that they have access to support and help to recover and seek justice.
Assault criminal procedure (Article 300 Sr)
Whether you are a victim of assault or being prosecuted, it is wise to know what the law says about assault. Under Article 300 of the Penal Code, assault is punishable and can result in up to 3 years in prison or a 4th category fine (up to €22,500). If there is serious bodily injury to the victim, the penalties can be considerably more severe, and in the case of the victim's death, a prison sentence of up to 6 years can even be imposed. It is important to note that attempted assault is also punishable.
Consequences of assault (Article 82 Sr)
Article 82 of the Criminal Code (Sr) provides a detailed definition of what is considered grievous bodily harm in the context of assault cases. This includes:
- Diseases or conditions from which a person cannot be cured: this refers to physical conditions or diseases for which medical professionals determine that there is no chance of full recovery. These can be serious and chronic health problems in which the patient experiences persistent symptoms or limitations even after medical treatment.
- Permanent unfitness for work: this situation occurs when injury or damage to the body is so severe that the victim is unable to return to his or her regular work. This can result in long-term or permanent disability and can have significant effects on a person's work life and financial well-being.
- Causing the miscarriage or death of an unborn child: this means that the abuse resulted in the loss of an unborn child, either through miscarriage or because the child died directly as a result of the abuse.
- Impairment in intellectual abilities lasting longer than 4 weeks: this refers to cases in which the victim of abuse experiences significant damage to his or her mental faculties, resulting in a significant disruption of cognitive functions. This disruption must persist for more than four weeks to be considered serious physical injury.
Suspected abuse lawyer
The attorneys at Der Bedrosian Law Firm understand the complexities of assault cases and are committed to providing effective legal representation no matter what side of the case you are on. So feel free to contact one of our experienced lawyers for expert advice and support.
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