The Principle of Ne Bis in Idem in Tilburg
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 Tilburg, where the Oost-Brabant District Court holds sessions, this principle safeguards legal certainty and protects residents against repeated proceedings at the local district court.
It applies both after conviction and acquittal. An irrevocable acquittal by the Tilburg court blocks prosecution for identical facts; in the event of a conviction, no new punishment may be imposed for the same offence, unless the facts differ. This is crucial in regions such as Central and West Brabant with many local criminal cases.
Exceptions and Delimitation in Tilburg Practice
There are exceptions, such as for continuing acts or new qualifications. The Supreme Court applies a facts-and-circumstances test: identical facts block reopening. In Tilburg, this often arises in complex cases such as fraud in the textile sector, drug trafficking around the Spoorzone or violent offences during carnival. This prevents abuse but allows room for new offences.
The European Court of Human Rights (ECtHR) monitors application via article 4 Protocol 7 ECHR, which also affects Tilburg judgments. Local public prosecutor's offices must take this into account to avoid inadmissibility.
Practical Consequences for Tilburg
A violation leads to a declaration of inadmissibility of a prosecution at the Oost-Brabant District Court in Tilburg. For defendants, it provides peace after cases before the single judge; for the Public Prosecution Service, it requires careful case preparation in this vibrant city. Irrevocability activates this shield effectively, especially in busy Tilburg criminal sessions.
(Word count: 248)