The Principle of Ne Bis in Idem in Zoetermeer
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 Zoetermeer, where the District Court of The Hague has a branch, this principle safeguards legal certainty and protects residents against repeated proceedings before the local single-judge criminal court.
It applies both after conviction and acquittal. An irrevocable acquittal by the cantonal judge in Zoetermeer bars prosecution for identical facts; after conviction, no new punishment may be imposed for the same offence, unless the facts differ, for example in cases from the Oosterheem neighbourhood.
Exceptions and Delimitation in the Region
There are exceptions, such as for continuing acts or new qualifications, relevant to Zoetermeer cases such as shoplifting in the Stadshart or environmental offences at Buytenwegh. The Supreme Court applies a facts-and-circumstances test: identical facts block reopening. This prevents abuse but allows room for new offences, as seen in local traffic violations.
In practice, ne bis in idem plays a role in complex cases such as financial fraud in Zoetermeer companies or violent offences involving multiple suspects from Seghwaert. The European Court of Human Rights (ECtHR) oversees its application via article 4 of Protocol No. 7 to the ECHR, with influence on district courts such as in The Hague-Zoetermeer.
Practical Consequences for Zoetermeer
A violation may lead to a declaration of non-admissibility of a prosecution at the Zoetermeer courtrooms. For defendants, it provides peace of mind after cases at the Noordwijk-Zoetermeer police station; for the Public Prosecution Service, it requires careful case preparation. Irrevocability activates this shield effectively in the daily administration of justice in this growth centre.
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