The Principle of Ne Bis in Idem in Utrecht
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 Utrecht courts, such as the Midden-Nederland District Court in Utrecht, this principle safeguards legal certainty and protects against repeated proceedings in local criminal cases.
It applies both after conviction and acquittal. An irrevocable acquittal by the Utrecht district court bars prosecution for identical facts; in the event of a conviction, no new penalty may be imposed for the same offence, unless the facts differ. This is crucial in Utrecht cases involving numerous traffic offences or bicycle thefts.
Exceptions and Delimitation in Utrecht 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 Utrecht, this often arises in complex fraud cases around the university or violence incidents in the city centre, where the Public Prosecution Service (OM) in the Utrecht Public Prosecutor's Office must carefully consider.
Ne bis in idem prevents abuse but allows room for new offences, for example in escalating neighbourhood disputes in Kanaleneiland. The European Court of Human Rights (ECtHR) oversees its application via article 4 Protocol 7 ECHR, which also permeates Utrecht appeals.
Practical Consequences for Utrecht Defendants
A violation may lead to a declaration of non-admissibility of a prosecution at Utrecht District Court. For defendants, it provides peace after cases before the subdistrict court judge; for the OM, it compels careful case preparation in the Utrecht public prosecutor's office. Irrevocability activates this shield effectively, especially in high-pressure areas like the Neude or Utrecht Centraal station.
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