Agenda

THE NETHERLANDS : INTERESTING COURT DECISIONS ON THREATS OF INFECTING THE CORONAVIRUS OR DELIBERATELY SPITTING AND COUGHING DURING THE CORONA CRISIS IN THE NETHERLANDS

03/04/2020

 

Below are a number of rulings by the Dutch judges.

How does the Netherlands deal with threats of infecting the coronavirus or deliberately spitting and coughing during the corona crisis?

 

Prison sentences for threat of coronavirus infection

In the cases, the police judge convicted the Zutphen suspect and the man from Biddinghuizen for, among other things, threatening police officers to infect them with the corona virus.

The police officers could not work from home because they work on the street and are not protected against coronavirus infection. Under these circumstances, coughing and / or spitting at - the face of - police officers and threatening to infect them with the corona virus is nothing short of antisocial behavior. Everyone is at risk of becoming infected, but police officers are at greater risk because of their work for society. Therefore, these cases are being tried and a higher sentence is more appropriate than the police judge would normally impose for these crimes. In the case of Zutphen's suspect, the suspect was sentenced to 8 weeks' imprisonment and must pay compensation of 400 euros to one of the officers. The man from Biddinghuizen was sentenced to 12 weeks' imprisonment, of which 2 are conditional and must pay compensation of 400 euros to 1 of the officers. The punishment is higher than the man from Zutphen due to the mistreatment of his girlfriend's son.

 

Jail sentence for corona threat

The court in Rotterdam has imposed a prison sentence for a corona-related crime at a super fast court hearing.

The court distinguishes different categories of corona crimes and generally indicates to what extent the corona virus can be taken into account in the sentencing.

I. Nature and seriousness of the corona crimes and the categories to be distinguished

After the first month in the corona crisis, court states that roughly five categories of crimes can be distinguished in the case-law, in which the corona virus plays a role as a means or as a circumstance.

  • A first category of crimes where the coronavirus is used as a means are (serious) assault cases.
  • A second category of crimes where the coronavirus plays a role are the threat cases.
  • A third category in this regard are simple (cyber) fraud cases.
  • A fourth category is the crime in which the coronavirus is not used as a means, but the coronavirus is a circumstance of the crime.
  • The last category consists of (larger) cases in which the coronavirus has played a crucial and / or special role.

 

II. The crime is targeted at whom?

Another factor influencing the effect of the crime's corona background on sentencing is who the corona crime is targeting.

  • If the victims of coronal crimes are employed in crucial professions and / or in vital processes, the punitive effect will be greater than if there are other victims. It is precisely those groups that deserve extra protection today.
  • The elderly and other vulnerable people also deserve extra protection, and crimes against these groups therefore have more reason to make the corona background weigh more heavily.

The judge must always look closely at the specific crime, its seriousness and all circumstances of the case. In this crisis, the judge must also guard against an overly general increase in the sentence.

 

Imprisonment of 8 weeks for spitting bus driver

On March 27, 2020, the police judge of the Limburg court sentenced a 19-year-old man from Sittard to an eight-week prison sentence. On Tuesday, March 24, the suspect spat on a bus driver in Maastricht and said that he had the corona virus.

 

Convictions for express coughing and spitting during coronal crisis

1. I'm going to infect you

A 35-year-old man from Maarssen had an argument with his partner on Friday, March 20. This was so high that he eventually gave her a headbutt. On his arrest, he called to the officers to kill them and to infect them with corona. He spat at this. The agents involved stated that they felt threatened and were afraid that the suspect would infect them. The court sentenced the man to a prison sentence of 12 weeks, half of which was conditional and he had to pay 300 euros in damages to the agent.

2. Threat

The Central Netherlands court sentenced a 35-year-old man from Poland to a 3-week prison sentence. The man stole food at a supermarket in Utrecht. On his arrest, he spat and said to the officers, "You want corona? Here, come and get it! ". According to the court, this is also a criminal threat.

3. Coughing

Two men have been convicted for deliberately coughing cops up close to their faces, threatening corona. A 27-year-old Amersfoorter was imprisoned for 6 weeks. A 27-year-old Amsterdam citizen who opposed his arrest was sentenced to 8 weeks' imprisonment.