The Principle of Ne Bis in Idem in Rijswijk
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 Rijswijk, where cases are handled by the District Court of The Hague, this principle safeguards legal certainty and protects residents against repeated proceedings in local incidents.
It applies both after conviction and acquittal. An irrevocable acquittal by the single judge in Rijswijk bars prosecution for identical facts; after conviction, no new punishment may be imposed for the same offence, unless the facts differ, such as in burglaries in neighbourhoods like Innen.
Exceptions and Delimitation in Rijswijk 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 Rijswijk, this arises in complex cases such as drug offences around the station or violence incidents in the city centre, involving multiple suspects. This prevents abuse but allows room for new offences, such as nuisance in the Laan van Hoornwerk.
The European Court of Human Rights (ECtHR) oversees its application via article 4 of Protocol No. 7 to the ECHR, relevant for cases in the District of The Hague including Rijswijk.
Practical Consequences for Rijswijk
A violation may lead to a declaration of non-admissibility of a prosecution by the District Court of The Hague. For suspects in Rijswijk, it provides peace after local park checks; for the Public Prosecution Service, it requires careful case preparation based on municipal reports. Irrevocability activates this shield effectively in the region.
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