Deelneming
Participation
Participation is the criminal involvement in an offence committed by another. It encompasses co-perpetration, causing another to commit an offence, incitement and complicity.
Participation refers to the situation in which an individual contributes in any manner to the commission of an offense by another. The Criminal Code (Articles 47–48) distinguishes four forms: co-perpetration, procuring, incitement, and complicity. Criminal liability requires that the participant acted with intent and that a causal link exists with the offense committed.
The provisions on participation are relevant in that they enable the prosecution of persons who did not themselves carry out the material acts of execution. This avoids impunity in cases of organized or complex criminality. In practice, participation is frequently charged in group offenses such as robberies, drug trafficking, or fraud, with the contribution of each participant being assessed individually.
The penalty imposed for participation may be lower than that for the principal offender, depending on the form and gravity of the contribution. In this regard, courts consider the intent and the specific role of the participant.
“The court found it proven that the defendant had been guilty of complicity as a form of participation in the theft.”
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