Liability in Growing: Discover your rights


Questioner

Good day, I have a question about whether I am liable for an ongoing grow. It is a small nursery run by 2 men (of whom 'person 1' used to be a friend). Personally, I don't think I'm involved in it, as in caring for or selling the weed. I only lent 'person 1' money occasionally when he asked for it, and once ordered equipment to his address, but that was before the grow started. As far as I know it was just a home grow, and he wanted to borrow money from me. After I knew he was breeding for sale I didn't want to participate in it as in getting profits for it. All I wanted was my loaned money back. I also didn't want to report the two people because I would only cause extra problems. I have never personally received any profits from what they are doing, nor have I received any of my own money back that I borrowed. (This all happened a year ago) It has been quiet between us for a few months now and every now and then person 1 asks if he can borrow a few euros, I didn't ask him what he needed it for, it could also be that he used the money himself because he is temporarily unemployed. But after today I was tired of lending them money and not getting my money back because he keeps making me a promise about when he would give me my money back but he didn't keep it. So I said I won't give him any more money and that I want my last loan back. The rest of what I loaned him, I don't expect to ever get back. So I let that go. Now I'm being threatened, so to speak, that if they ever get caught, they'll blame me and I'll get into trouble with them. Suppose a check is made on my financial life, I can prove that I only have legal money and that all goods/services I have bought/paid for were also purchased with legal money. I also have no goods that you would say I have a lot of money. I also have debts to the bank. Which I think would be strange if I would earn from growing... (Debts are not because of a gambling addiction, but because I lent money that I was promised I would get back) So that's pretty much what's going on. Would really like to know if I'm liable for the actions of others? Thank you in advance

Lawyer

What matters to you is whether you are legally an accomplice. In the Netherlands, complicity in a crime is punishable under Article 48 of the Criminal Code. Complicity in an offence is not punishable. Given the smaller role of the accomplice, the maximum of the main penalty imposed on the offence is reduced by one third (Article 49 of the Criminal Code). The line between complicity and aiding and abetting is often difficult to draw, it is a question of more or less cooperation. In general, it can be said that the accomplice intends to promote a crime, although it is not required that his assistance was also indispensable. Merely not preventing a crime does not constitute complicity, active action is assumed. An example; If A wants to break in and B wants to act as a lookout without interfering in the matter, B is an accomplice in the break-in. If they plan to break in together and the division of roles is more or less coincidental, such that B acts as a lookout and A breaks in, B can still be an accomplice. An important criterion is of course that the accomplice may not share in the loot immediately, he is paid for his help. A distinction between the accomplice and the (also non-executing) instigator is that the instigator does arouse the intent to commit the crime in the perpetrator.

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