Grounds for Exclusion of Criminal Liability in Criminal Procedure
Grounds for exclusion of criminal liability (Articles 40-49 of the Dutch Penal Code), such as self-defence, defence of others, or force majeure, result in acquittal despite finality. The court determines whether the act does not constitute a criminal offence.
A final acquittal on these grounds triggers the principle of ne bis in idem and prevents reprosecution.
Application and Burden of Proof
The defendant bears the burden of proof for 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.
Practical examples include domestic violence or traffic accidents. Success depends on the specific circumstances.
Consequences for Defendants
An acquittal nullifies criminal liability and provides rehabilitation. This protects legitimate actions in a final and conclusive manner.
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