Grounds for Exclusion of Criminal Liability in Criminal Proceedings in Delft
Grounds for exclusion of criminal liability (Articles 40-49 of the Dutch Criminal Code), such as self-defence, defence of others, or force majeure, result in acquittal despite finality. In Delft, the court assesses whether the act does not constitute a criminal offence, for instance in incidents at the Market or in the city centre.
A final acquittal on these grounds triggers the principle of ne bis in idem and prevents re-prosecution, which is relevant for local cases before the police court in The Hague involving suspects from Delft.
Application and Burden of Proof in the Delft Context
The suspect bears the burden of proving plausibility; the Public Prosecution Service (OM) must disprove it. Self-defence requires subsidiarity and proportionality. The Court of Appeal and the Supreme Court apply strict scrutiny, as seen in Delft cases involving resistance to bicycle theft or conflicts in cafés at the Beestenmarkt.
Practical examples include domestic violence in the Poptahof district or traffic accidents on Phoenixstraat. Success depends on the specific circumstances, supported by local witness testimonies.
Consequences for Suspects in Delft
An acquittal nullifies criminal liability and provides rehabilitation. This protects legitimate actions in a final sense, with benefits for residents of Delft, such as maintaining employment at TU Delft or local associations.
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