What is self-defense in criminal law?
It regularly happens that someone is arrested for a criminal offense while this person committed this criminal offense to defend himself. When it comes to self-defense, the Dutch Penal Code has provisions on "self-defense" and "self-defense excess. Emergency defense and emergency defense excess are legal concepts related to self-defense in criminal situations. They can be of great importance in determining whether someone is punishable for a certain act, such as the use of force. An emergency defense (excess) can also occur when someone Defends himself by shooting back. You may be subpoenaed before the police judge Whether the plural chamber.
What is severe weather?
Emergency defense, as set forth in Article 41 of the Penal Code, is a justification that allows a person to justify criminal action when such action is necessary to defend himself or others from an immediate, unlawful attack. This legal provision provides protection for those who act in an emergency situation to avert a threat. Here are the key points and further details of emergency defense:
- Instant attack:
The attack must be immediate and acute. This means that there must be an immediate threat of danger, with the danger being real and imminent at the time. If the threat is no longer actual, for example because the attack has already ended, emergency defense can no longer be invoked. The use of force after the attack has ended is not recognized as emergency defense.
- Unlawful attack:
The attack must be unlawful. This means that the attacker had no right to carry out the attack. For example, force used by the police as part of a lawful action does not fall under emergency defense. The response must be directed against an unlawful act that is not justified by law.
- Proportionality:
The means and force used must be proportional to the severity of the attack. This means that the defensive action must not be excessive compared to the threat. For example, if a person responds with a deadly weapon to a non-life threatening attack, this cannot be justified as emergency defense.
- Subsidiarity:
Emergency defense can only be invoked if there is no other less drastic way to avert the danger. This means that the defense is justifiable only if the use of force is the only available option to stop the attack. If other less intrusive means were available to neutralize the threat, this option should be considered.
Application and legal implications
When the above conditions are met, a person who would normally be punishable for the force used can claim emergency defense and the act is considered just. This means that the person is not punishable for the force he or she used to repel the attack.
What is emergency excess?
Emergency excess, as set forth in Article 41 of the Penal Code, is a specific form of emergency defense in which a person exceeds the limits of a proportional defense, but does so under the influence of an intense emotional reaction caused by the attack itself. In other words, when intense emotions such as fear, panic, or anger cause a person to go further in his reaction than is strictly necessary to defend himself or others, he can invoke emergency defenses.
This legal concept recognizes the impact of assault on the defender's mental state and provides a form of legal protection for situations in which the defender acts disproportionately as a result of these emotions.
What are the consequences of severe weather and force majeure?
The consequences of a successful invocation of self-defense or emergency excess can be significant, especially in terms of criminal responsibility.
If emergency defense can be successfully invoked if the suspicion involves assault, the defendant is acquitted. For a successful invocation of self-defense (excess) for other offenses, the defendant is discharged from all prosecution (OVAR). The suspect then receives no punishment.
Lawyer self-defense or emergency defense needed?
If a distress (excess) defense is central to the defense, it is important that the strategy to perfection true. The defense can be stronger the moment the defense is put forward consistently early on. It is therefore advisable to consult an attorney early on to strategize.
The attorneys at Kötter, L'Homme & Plasman Advocaten have a great deal of experience with emergency defense (excess) cases and regularly know how to argue this successfully. If you have any questions about this, please do not hesitate to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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