Grounds for Exclusion of Criminal Liability in Rotterdam Criminal Proceedings
In Rotterdam, with its bustling port and diverse neighborhoods such as Delfshaven and the Kop van Zuid, grounds for exclusion of criminal liability (art. 40-49 Sr) such as necessity, self-defense or force majeure play a crucial role. They lead to acquittal despite irrevocability. The Rotterdam court rules whether the act does not constitute a punishable offense, taking into account local dynamics.
Irrevocable acquittal activates ne bis in idem and prevents re-prosecution, essential in a city with many incidents involving dockworkers or Feyenoord supporters.
Application and Burden of Proof in Rotterdam
The defendant bears the burden of proof for plausibility; the Public Prosecution Service must disprove it. Necessity requires subsidiarity and proportionality. The District Court of Rotterdam and the Court of Appeal of 's-Gravenhage apply strict scrutiny, often in port disputes or fights in the Maasstad.
Practical examples: a Rotterdam dockworker defending against theft of goods, or a traffic accident on the Erasmusbrug. Success depends on concrete circumstances, such as witness statements from the neighborhood.
Consequences for Defendants in Rotterdam
Acquittal lifts the punishment and offers rehabilitation, crucial for Rotterdam residents in vulnerable positions. This protects legitimate actions in an irrevocable sense, with an eye for the raw reality of the city.
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