The Principle of Ne Bis in Idem in Delft
The principle of ne bis in idem, enshrined in Article 68 of the Dutch Criminal Code (Sr), prohibits the prosecution or punishment of an individual more than once for the same act following a final decision. In Delft, with its vibrant university community and historic city centre, this principle ensures legal certainty and protects against repeated legal proceedings at the District Court of The Hague, Delft location.
This principle applies both after conviction and acquittal. A final acquittal by the Delft court precludes prosecution for identical facts; in the case of a conviction, no new penalty may be imposed for the same offence, unless the facts differ, such as in incidents around the TU Delft campus.
Exceptions and Delimitations in Delft Cases
Exceptions exist, such as in cases of continued conduct or new legal qualifications. The Supreme Court applies a facts-and-circumstances test: identical facts block reopening. In Delft, this often plays a role in complex cases such as fraud in tech start-ups at TU Delft or violent offences during events in the city centre. This prevents abuse while allowing for prosecution of new offences, for example, bicycle thefts involving multiple suspects.
The European Court of Human Rights (ECtHR) oversees the application of this principle through Article 4 of Protocol 7 to the ECHR, which is relevant for local prosecution practices in Delft.
Practical Implications for Delft
Violation of this principle may result in the inadmissibility of prosecution at the District Court of The Hague in Delft. For defendants, it provides legal certainty following cases handled by the North Sea Coast Police; for the Public Prosecution Service, it necessitates careful case preparation. Finality activates this protective shield effectively, particularly in a university city like Delft with frequent minor offences.
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