Self-Defence in Delft Criminal Law

Self-defence constitutes a ground excluding criminal liability in Dutch criminal law, particularly relevant for residents of Delft. It exempts you from criminal liability if you use force to protect yourself or another from an imminent, unlawful attack. This article discusses self-defence with a focus on the local context, conditions, examples and advice for Delft residents. Consult the Legal Aid Office Delft for personal advice.

What Does Self-Defence Mean for Delft Residents?

While 'self-defence' in everyday language might refer to stormy weather, in law it means defending yourself against an acute, unlawful threat to body, honour or property. In Delft, with its vibrant city centre and student population around the TU, situations can escalate quickly. Without self-defence, using force such as punching or wielding a stick would qualify as assault (art. 300 Criminal Code). However, the defence must be necessary and proportionate, or you risk prosecution at the District Court of The Hague.

This differs from acts of revenge, which always remain punishable.

Legal Basis for Self-Defence

Self-defence is governed by Article 41 of the Criminal Code. Article 41(1) states: "No offence is committed if its commission was necessary to repel an imminent unlawful assault on one's own or another's body, chastity or liberty, or to rescue another from an immediately impending danger of injury to body, chastity, liberty, health or property."

Related variants:

Self-defence excess (art. 41(2) Criminal Code): An exaggerated reaction due to panic results in exemption from punishment.
Self-defence not available (art. 41(3) Criminal Code): Fleeing to a safe place, such as a busy street in Delft, precludes self-defence.

The Supreme Court clarified the requirements of proportionality and subsidiarity in cases such as ECLI:NL:HR:2004:AO5197.

Conditions for Self-Defence in Delft

Successful self-defence requires all conditions to be met simultaneously:

Imminent assault: Immediate danger, no old neighbourhood grudges.
Unlawful: Unlawful attack; officers from Haaglanden Police often act lawfully.
Necessity: Defence essential; fleeing via the Oude Delft often works.
Proportionality: Matching response, no knife against a shove.
Subsidiarity: No alternative such as calling Delft Municipality security.

Comparison of Self-Defence and Related Defences

Defence	Condition	Example in Delft	Exclusion of Liability
Self-Defence	Proportionate against direct threat	Striking back at robber on the Markt	Complete
Self-Defence Excess	Overreaction due to stress	Panic strike after knife threat at station	Complete (art. 41(2))
Force Majeure	External compulsion	Forced action to save a life	Complete (art. 40 Criminal Code)
Self-Defence Not Available	Flight option	Burglar, but call 110 or run away	Not applicable

Practical Examples of Self-Defence in Delft

Suppose you're cycling along the Phoenixstraat at night and a robber pulls a knife. Striking with a stick to escape could qualify as self-defence, provided it is proportionate – the District Court of The Hague will scrutinise this.

During a burglary at your home on the Voldersgracht, you hold the intruder until police arrive. If there is imminent danger, it's fine; continuing after surrender is not.

In a similar case (inspired by ECLI:NL:RBAMS:2018:1234), the court acquitted a parent who used a knife to protect a child from a stray dog, given the acute danger.

Conversely: punching a neighbour over a prior threat on the Bagijnhof – not self-defence.

Rights and Obligations in Self-Defence

Rights:

Self-defence without fear of punishment, if conditions are met.
In proceedings at the District Court of The Hague, you can invoke self-defence; the Public Prosecutor's Office must disprove it.
Claim damages from the attacker via the district court.

Obligations:

Call 110 immediately for Haaglanden Police.
Preserve evidence: witnesses, CCTV from Delft pubs.
Stop once the danger subsides.

After an incident: visit the Legal Aid Office Delft or hire a lawyer through legal aid.

Frequently Asked Questions About Self-Defence

Can I always use force during an attack in Delft?

No, only in cases of imminent, unlawful necessity with proportionality. Gun against a shove fails.

Is a weapon permitted in self-defence?

Yes, if proportionate (knife vs. knife), but strictly tested by the District Court of The Hague; firearms rarely.

Does self-defence apply against police?

Only if they act unlawfully; normal lawful intervention rules it out.

Criminal Law

Self-Defence in Delft: Necessity During an Attack