Criminal case and corona measures

Weening Criminal Lawyers also deals with criminal case and corona measures

On March 23, 2020, the government announced an addition to measures already in place in order to curb the COVID-19 virus. In this piece, I focus on the additional measures in place outdoors and the consequences of violating them.

What are the additional measures?

The main rule is to keep 1.5 meters between them. If three or more people do not do this and do not form a family, this can result in a fine of up to €400 per person.

As a single person living alone, may you count your relatives not living with you, such as your parents, as a household?

The National Institute of Public Health and the Environment (RIVM). let it be known that this is not allowed. It concerns only family members living under the same roof. If you are single, you form your own family and must, in principle, walk the streets alone. You may walk with one or two others, but you must keep at least 1.5 meters distance from each other. Socializing with your parents or neighbors, walking the dog side-by-side or chilling out on a wall is prohibited.

Are you allowed to walk together with more than three people if you all live together in a living arrangement such as a sheltered housing facility or a dorm?
Group formation is not prohibited within households and, in principle, your housing form or student house then counts as a household. However, the municipality can make an exception for gathering in a certain area.

Also read: Coronavirus - Violation of "corona ban"? Cell sentence possible!

What about children playing outside?

Children under 12 years old, may continue to play outside with each other. However, no group of parents should be present. Urgent advice does recommend limiting the number of young children playing together but it is not punishable if more than three children play outside together.

Also read: Criminal case and Coronavirus, now what?

Are parks and beaches off limits?

Municipalities can decide for each public location whether or not it can remain open based on Article 174 of the Municipal Law. Consider, for example, the crowds at some stretches of beach last weekend. Some mayors have already made such decisions, for example in Nijmegen with the partial closure of the Goffertpark.

Is violating the aforementioned rules punishable?

Yes. If in public spaces (except markets where food is being sold at that time) with more than three people you do not keep 1.5 meters mutual distance from people who do not live under the same roof with you then you risk a fine of € 400 per person based on violation of the emergency ordinance if it is in force in the relevant municipality. The Veiligheidsberaad (consisting of the presidents of the 25 security regions) has now produced a model ordinance that mayors can adopt. The next step is for the mayors of the security regions to adopt the text. They are free to adapt it but the measures mentioned above must be adopted by every mayor. The legal basis for the new emergency rules lies in a notice under Article 7 of the Public Health Act. Both administrative and criminal enforcement is possible.

How does enforcement work?

If you do not comply with the above measures, you are violating an emergency ordinance. This is an offense for which a special investigating officer (this does not necessarily have to be a police officer) can impose the aforementioned fine of €400 on you.

Violating an emergency ordinance is also punishable under the Penal Code, in Article 443. It carries a term of imprisonment of up to 3 months.

If the mayor issues a restraining order for a park or beach, for example, and you ignore this order by not complying with an official order to remove yourself there, you are guilty of violating Article 184 of the Penal Code. This carries a prison sentence of 3 months.

If the prosecutor wants to impose such a sentence on you, he will summon you to a hearing at the police court. This can be scheduled within 3 days. If you are convicted, this will mean a notation on your judicial documentation.

Thus, it is very important to hire one of our criminal lawyers immediately if you are suspected of violating coronavirus containment measures. However, our primary advice is to abide by the measures to protect your own health and the health of those around you.