The Meaning of Acquittal

An acquittal is a decision given by the court in a criminal case when the crime charged to the defendant is not proven legally and convincingly according to law. This means that the defendant is acquitted of legal charges because the minimum provisions of the principle of evidence are not met.

Therefore, an acquittal is a decision handed down by a judge in a criminal case when the charges against the defendant are not proven legally and convincingly.

Example:

  • Someone is accused of theft, but the judge decides that there is not enough evidence to prove that the defendant committed the theft.
  • Someone is accused of murder, but the judge decides that the defendant is not guilty because of a strong alibi.

Consequences of Acquittal:

  • The defendant is not convicted.
  • The criminal case is terminated.
  • The defendant has no criminal record.

Differences Between Release and Acquittal in Criminal Law

Before answering the main question of the difference between release and acquittal in criminal law, it is necessary to understand that the regulations regarding release and acquittal are regulated in Article 191 paragraphs (1) and (2) Criminal Procedure Code, as follows:

(1) If the court is of the opinion that from the results of the examination in court, the defendant's guilt for the act charged to him is not proven legally and convincingly, then the defendant shall be acquitted.

(2) If the court is of the opinion that the act charged to the defendant is proven, but the act does not constitute a criminal act, then the defendant shall be released from all legal charges.

The explanation of Article 191 paragraph (1) of the Criminal Procedure Code states that what is meant by "the act charged against him was not proven legally and convincingly” is not sufficiently proven according to the judge's assessment based on evidence using evidence according to the provisions of the criminal procedure law.

In an acquittal (vrijspraak), the criminal act charged by the prosecutor in the indictment cannot be proven legally and convincingly according to law. This means that the minimum principle of proof is not fulfilled (at least two valid pieces of evidence) and there is no judge's conviction (see Article 183 of the Criminal Procedure Code).

Meanwhile, in a release verdict (onslag van recht vervolging), all legal claims for the actions charged against the defendant in the prosecutor's indictment have been proven legally and convincingly according to law. However, the defendant cannot be punished because the act does not fall within the realm of a criminal act, for example, it is within the realm of civil, customary, or commercial law.