The Principle of Ne Bis in Idem in Westland
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 Westland, with its thriving greenhouse horticulture sector in districts such as Naaldwijk and Monster, this principle safeguards legal certainty and protects local entrepreneurs against repeated lawsuits regarding, for example, environmental violations or labour disputes.
It applies both after conviction and acquittal. An irrevocable acquittal in a case at the District Court in The Hague blocks prosecution for identical facts in Westland; in the event of a conviction, no new punishment may be imposed for the same offence, unless the facts differ, such as in escalating fraud in greenhouses.
Exceptions and Delimitation in Westland
There are exceptions, such as in cases of continued acts in Westland horticultural companies or where new qualifications arise due to changed legislation on crop protection. The Supreme Court applies a facts-and-circumstances test: identical facts, such as a specific illegal dumping in Poeldijk, block reopening. This prevents abuse but allows room for new offences, such as subsequent thefts in greenhouse complexes.
In practice, ne bis in idem plays a role in complex cases in Westland, such as financial fraud in cooperatives or violent offences among seasonal workers with multiple suspects. The European Court of Human Rights (ECtHR) monitors the application via article 4 of Protocol 7 to the ECHR, relevant for local district court cases.
Practical Consequences for Westland
A violation may lead to a declaration of non-admissibility of a prosecution by the Public Prosecution Service in The Hague. For suspects in Westland, it provides peace after cases involving, for example, illegal labour; for the Public Prosecution Service, it requires careful case preparation in this agricultural region. Irrevocability activates this shield effectively, with due regard to the economic interests of greenhouse horticulture.
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