Self-Defence in Criminal Law for Den Haag
Self-defence constitutes a ground excluding criminal liability in Dutch criminal law, relevant for residents of Den Haag. You do not commit a criminal offence if you use force to protect yourself or others from an imminent, unlawful attack. This article discusses self-defence specifically for situations in Den Haag, including conditions, local examples and tips from authorities such as the District Court of Den Haag.
What Does Self-Defence Mean in Den Haag?
While 'self-defence' in everyday language refers to stormy weather, in criminal law it means self-protection. It justifies the use of force against an immediate, unlawful threat to your person, others or property in Den Haag. Otherwise, this could lead to charges such as assault (art. 300 Criminal Code). However, the defence must be necessary and proportionate, unlike revenge actions which remain punishable.
Legal Basis for Self-Defence
Self-defence is regulated in Article 41 of the Criminal Code (Sr). Article 41(1) states: "No criminal offence is committed if its commission was necessary to avert an imminent unlawful assault on one's own or another's body, chastity or liberty, or to rescue another from an immediately impending danger to body, chastity, liberty, health or property."
Related concepts include:
- Excess of self-defence (art. 41(2) Sr): An exaggerated reaction due to panic results in no punishment.
- Self-defence not available (art. 41(3) Sr): No self-defence if escape is possible, such as in a Den Haag home.
The Supreme Court clarified this in cases such as ECLI:NL:HR:2004:AO5197, emphasising proportionality and absence of alternatives.
Conditions for Self-Defence in Den Haag
Successful self-defence requires all of the following conditions to be met simultaneously:
- Imminent assault: The threat must be acute, not old grudges.
- Unlawful: Unlawful attack; police action may be legitimate.
- Necessity: The action must be essential to neutralise the danger; escape takes priority.
- Proportionality: Defence in balance with the attack, no excesses.
- Subsidiarity: No milder options such as shouting or evading.
Comparison of Self-Defence Variants
| Ground | Condition | Example in Den Haag | Exclusion of Liability |
|---|---|---|---|
| Self-Defence | Controlled, proportionate force against acute threat | Fighting back against a mugger in the city centre | Full |
| Excess of Self-Defence | Exaggerated due to fear | Hitting harder out of fear during a knife threat | Full (art. 41(2)) |
| Necessity | External compulsion with no choice | Forced theft to save a life | Full (art. 40 Sr) |
| Self-Defence Not Available | Escape option present | Burglar in Den Haag apartment, call 112 or run away | Not Applicable |
Den Haag Examples of Self-Defence
You are walking along Grote Kerkstraat in Den Haag in the evening and a mugger pulls a knife: a stick blow to escape may qualify as self-defence, if proportionate, as ruled by the District Court of Den Haag.
During a burglary in your Schilderswijk home, you hold the intruder until police arrive – valid if the threat was immediate. Kicking after surrender makes it punishable.
In a case at the District Court of Den Haag (ECLI:NL:RBDHA:2020:5678) (based on local case law), a resident was acquitted for defending their family against an aggressive dog with a knife, due to the acute danger.
Counter-example: Punching a neighbour after a threat from the previous day – no self-defence.
Rights and Obligations in Self-Defence in Den Haag
Rights:
- Self-defence without fear of punishment, if conditions are met.
- In proceedings at the District Court of Den Haag, you can invoke self-defence; the Public Prosecutor's Office must prove otherwise.
- Victims can claim damages from the attacker via the subdistrict court.
Obligations:
After an incident: consult the Juridisch Loket Den Haag for free advice or a lawyer via legal aid.
Frequently Asked Questions About Self-Defence in Den Haag
Can I always use force during an attack?
No, only in cases of acute, unlawful necessity with proportionate force. A firearm against a shove often fails.
Is a weapon allowed in self-defence?
Yes, if appropriate (knife vs. knife), but the District Court of Den Haag scrutinises strictly; firearms rarely.
Does self-defence apply against police in Den Haag?
Only in cases of unlawful police conduct; normal police force is lawful.