Grounds for Exclusion of Criminal Liability in Criminal Proceedings in Westland
Grounds for exclusion of criminal liability (art. 40-49 Sr) such as necessity, self-defence or force majeure lead to acquittal despite irrevocability. The judge in the Rotterdam District Court, competent for Westland, rules whether the act does not constitute a punishable offence, for example in incidents in greenhouse complexes or on the roads around 's-Gravenzande.
Irrevocable acquittal on this ground activates ne bis in idem and prevents re-prosecution, crucial in a region like Westland with intensive horticultural activities.
Application and Burden of Proof in Westland
The defendant bears the burden of proof for plausibility; the Public Prosecution Service must disprove it. Necessity requires subsidiarity and proportionality. The Court of Appeal of The Hague and the Supreme Court scrutinise strictly, with attention to local context such as conflicts between greenhouse workers or traffic accidents on the N213.
Practical examples: self-defence in a burglary at a glasshouse company in Monster or a necessity incident during a labour conflict in Naaldwijk. Success depends on concrete circumstances, such as witness statements from Westland entrepreneurs.
Consequences for Defendants in Westland
Acquittal lifts the punishment and offers rehabilitation. This protects legitimate acts in an irrevocable sense, essential for growers and residents in this agricultural municipality.
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