The Principle of Ne Bis in Idem in Amsterdam
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 Amsterdam, where the Amsterdam District Court and the Amsterdam Court of Appeal handle thousands of criminal cases annually, this principle safeguards legal certainty and protects against repeated proceedings in the bustling port city full of complex offences.
It applies both after conviction and acquittal by the Amsterdam courts. An irrevocable acquittal by the Amsterdam District Court blocks prosecution for identical facts; after conviction by the Court of Appeal, no new punishment can be imposed for the same offence, unless the facts differ, such as in port fraud or drug smuggling via Westhaven.
Exceptions and Delimitation in Amsterdam Practice
There are exceptions, such as for continuing acts in the Amsterdam underworld or when new qualifications arise from money laundering in the Zuidas. The Supreme Court applies a facts-and-circumstances test: identical facts, such as a robbery in the Pijp, block reopening. This prevents abuse but allows room for new offences, for example in sequel incidents in the Red Light District.
In Amsterdam, ne bis in idem plays a prominent role in cases such as xtc laboratories in West or violent offences with multiple suspects around Central Station. The European Court of Human Rights (ECtHR) monitors the application via article 4 Protocol 7 ECHR, forcing local public prosecutor's offices to exercise precision.
Practical Consequences for Amsterdam Suspects and Public Prosecutor's Office
A violation can lead to a declaration of inadmissibility by the Amsterdam District Court. For suspects, it provides peace after cases before the single judge; for the Public Prosecutor's Office, located at Piet de Wittlaan, it requires careful case preparation. Irrevocability activates this shield effectively in the dynamic Amsterdam legal practice.
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