Bill: maximum prison sentence from 15 to 20 years for participation in a terrorist organization | News item

News item | 11-28-2022 | 10:00 am

Terrorism poses a serious threat to the democratic world and therefore also to the Netherlands. In recent decades, people who participate in terrorist organizations have proved willing to commit the most serious crimes. They form the core of these organizations. This includes an appropriate penalty, in which the responsibility of participants for the serious offenses committed is better expressed. This is stated in the legislative proposal of Minister Yesilgöz-Zegerius of Justice and Security, which went into consultation today. The bill arises from the Coalition Agreement.

Minister Yesilgöz-Zegerius of Justice and Security:

“In recent years we have seen the heinous crimes terrorist organizations are capable of. People who knowingly join a terrorist organization are partly responsible for these crimes and have a crucial role in maintaining terrorist organizations. This includes a high maximum penalty. The increase of the maximum prison sentence to 20 years is therefore an important signal.”

The role of participants

The enormous appeal of terrorist organizations inspires people to join and – on behalf of this organization – to commit very serious crimes. Terrorist organizations have caused many deaths and are responsible for terror in terrorist battle zones and for attacks in countries that do not share their ideological views. The suffering they have caused is enormous. Terrorist organizations depend on participants to achieve their goals. They make an indispensable – and undeniable – contribution to the destructive goals of a terrorist organization.

The government is therefore pursuing an active policy in several areas to reduce the threat and appeal of terrorist organisations. Criminal law also plays an important role in this. Although the government’s primary concern is to prevent terrorist violence, it is important that if a terrorist crime has nevertheless been committed, suspects are prosecuted and sentenced that does justice to the seriousness of the offenses they have committed, suffering they have caused and the responsibility they bear for it.

Maximum sentence of twenty years

At present, a maximum sentence of 15 years applies for participation in a terrorist organization. That maximum sentence has not been changed since 2004, despite the developments that have taken place over the past twenty years or so. Terrorist organizations have evolved greatly in nature, size and propaganda dissemination. These developments include an appropriate maximum sentence, which better reflects the responsibility of participants in a terrorist organization. The increased maximum sentence of 20 years corresponds to the sentence that applies to attempted or complicity in the most serious crimes against life.

The maximum sentence for directing a terrorist organization will not be increased. After all, the highest maximum sentence already applies (life imprisonment or a temporary prison sentence not exceeding 30 years).

Internet consultation

Do you want to think about this subject? The Ministry of Justice and Security invites stakeholders to respond to the bill. With this input, the bill can be further improved. The internet consultation is open until 23 January 2023.

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