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Offense committed, but no punishment: how about that?
In the case involving the death of Rotterdam Mike Stok, who was shot in 2013 by two police officers, the judge Wednesday found evidence that one agent has committed manslaughter and the other attempted. And yet the two go free without punishment. What's up with that? Criminal Advocate Corina Herrings of the Tilburg VTH Lawyers explains.
The cops go free because the judge there is so-called 'putative self-defense. "
What does it mean?
,, An example: I once treated a case about a man and his stepmother. The two layers do not mix. In a quarrel, the lady asked the man to go away; 'Otherwise I'm stabbing you, "she said.
She held him yet actually down, but she had her hand in her pocket and the man knew that there a knife in it. He was afraid, expecting him to be so he was put in first. In other words: he felt the threat was scared and to protect himself he shared the first punch. That's putative self-defense. ''
,, That is something other than excessive force, a term you hear often. This is the case if the court finds that it was indeed correct and necessary to protect yourself from danger, but you did this in view of the situation in a fancy way. Simply put, if you shoot somebody with a gun as the one you attack with a stick, for example. ''
How is it that someone gets no penalty if it is proved that the person has committed an offense?
,, The first question in the case is always: someone something or not done? If the answer is yes, the second question, that person is also a criminal offense? That is not always so. ''
,, Suppose a woman has a cannabis at her home. There is enough evidence and the judge considers it proven that it is so. But they acted under pressure from her ex-boyfriend, who put her under pressure, abused and raped.
She was therefore psychologically so confused that she could not resist. Then indeed proven that the woman had a cannabis farm, but the court may decide that they are not punishable.
In the courtroom is often an old case about a milkman discussed. Who sold milk which he was not allowed to sell, but he was not aware. When the judge ruled that he did not get any punishment. ''
How often does such a "dismissal of prosecution 'for?
Best ,, often, at least more often than 'normal' acquittal. But the concept of putative defense is rare in the courtroom. Although every case is different, judges wrestle with it. Finally, it is extremely difficult to substantiate. It is also not in the law, it originated in the history of jurisprudence. ''
ad.nl/Leon van Wijk / © Petra Urban.