The Principle of Ne Bis in Idem in Rotterdam
Ne bis in idem, enshrined in article 68 of the Criminal Code (Sr), prohibits a person from being prosecuted or punished twice for the same offence after an irrevocable decision. In Rotterdam, with its bustling port and complex port crime, this principle ensures legal certainty and protects against repeated trials before the Rotterdam District Court.
It applies both after conviction and acquittal. An irrevocable acquittal by the Rotterdam district court blocks prosecution for identical facts; in the event of a conviction, no new penalty may be imposed for the same offence, unless the facts differ, such as in ongoing smuggling operations in the Maasvlakte.
Exceptions and Delimitation in Rotterdam Practice
There are exceptions, such as for continued acts or new qualifications, for example in Rotterdam cases involving drug smuggling or money laundering via the port. The Supreme Court applies a facts-and-circumstances test: identical facts block reopening. This prevents abuse but allows room for new offences, such as with escalating gangs in Rotterdam-South.
In Rotterdam practice, ne bis in idem often arises in complex port fraud, human trafficking via containers or violent offences with multiple suspects in neighbourhoods like Charlois. The European Court of Human Rights (ECtHR) oversees its application via article 4 Protocol 7 ECHR, relevant for international Rotterdam cases.
Practical Consequences for Rotterdam Suspects and Prosecution Service
A violation may lead to a declaration of non-admissibility of a prosecution before the Rotterdam District Court. For suspects, it provides respite after intensive port investigations; for the Public Prosecution Service in Rotterdam, it requires careful case preparation. Irrevocability activates this shield effectively in the demanding Rotterdam criminal justice chain.
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