Reasons for Eliminating Criminal Liability

Criminal incapacity is always closely related to reasons for eliminating criminal liability, which are divided into justifications and excuses. On the other hand, there is also a reason for eliminating prosecution which is the basis for the Public Prosecutor to stop the prosecution process. The reason for eliminating prosecution is related to the principle of utility and dominis litis owned by the prosecutor's office.

Justification or fait justificatief is a reason that eliminates the unlawful nature of a crime, including in Article 44 paragraph (1), Article 50, and Article 51 paragraph (1) of the Criminal Code. On the other hand, an excuse or fait d’excuse is a reason that eliminates the element of error, for example in Articles 44 and 48 of the Criminal Code. These two reasons will be examined and become the basis for the judge in making a decision.

Duress

In addition to the reasons above, duress or is also known overmacht which is regulated in Article 48 of the Criminal Code. Duress is any force, coercion or pressure that cannot be resisted. Duress is divided into two, namely vis absoluta and vis compulsiva. Vis absoluta is physical pressure that the victim cannot resist, such as an employee being held at gunpoint to take money from the cashier.

On the other hand, vis compulsiva or relative duress is physical pressure that can still be avoided, but psychologically cannot resist. The pressure in question can be in the form of a threat to oneself or to those around. Based on the source of coercion, vis compulsiva it is divided into two, namely relative duress in the narrow sense originating from other people and relative duress in the narrow sense originating from an emergency.

Regarding the type of emergency referred to above, it is further divided into three, including: