Grounds for Exclusion of Criminal Liability in Criminal Proceedings in Tilburg
Grounds for exclusion of criminal liability (art. 40-49 Sr) such as necessity, self-defence or force majeure lead to acquittal despite irrevocability. In Tilburg, the court rules whether the act does not constitute a punishable offence, often in cases from the Heikant neighbourhood or around the Spoorzone.
Irrevocable acquittal on this ground activates ne bis in idem and prevents re-prosecution, for example in incidents during carnival in the city centre.
Application and Burden of Proof in Tilburg Cases
The defendant bears the burden of proof for plausibility; the Public Prosecution Service must disprove it. Necessity requires subsidiarity and proportionality. The East Brabant District Court in Tilburg and the 's-Hertogenbosch Court of Appeal scrutinise strictly, with reference to the Supreme Court.
Practical examples: domestic violence in the Trouwlaan neighbourhood or traffic accidents on the Ringbaan. During Tilburg fairs, self-defence in pub fights is often seen. Success depends on concrete circumstances, such as CCTV footage from the Piushaven.
Consequences for Defendants in Tilburg
Acquittal lifts the punishment and offers rehabilitation. This protects legitimate acts in an irrevocable sense, with local support via victim support in Tilburg.
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