The imposition of an Acquittal and a Release Verdict by a judge on the perpetrator of a criminal act (with the elements of the article charged proven) can be distinguished by considering the existence or absence of a reason for eliminating the crime (Strafuitsluitingsgronden), both those regulated in the law such as justification (example: Article 50 of the Criminal Code) or grounds for excuse (example: Article 44 of the Criminal Code), and those outside the law (for example: the existence of a permit).

In short, here is a table of differences between release and acquittal verdicts in criminal cases:

[ninja_tables id="9931"]

Conclusion

Although both do not convict the defendant, Release from All Legal Charges and Acquittal have fundamental differences in legal basis and consequences:

1. Legal Basis:

  • Release Verdict: Regulated in Article 191 paragraph (2) of the Criminal Procedure Code. Imposed when:
    • The act chargedis proven legally and convincingly
    • The act isnot a criminal act(for example, including the realm of civil, customary, or commercial law)
  • Acquittal: Regulated in Article 191 paragraph (1) of the Criminal Procedure Code. Imposed when:
    • Not enough evidenceto prove that the defendant committed the act charged
    • The act chargednot proven legally and convincingly

2. Consequences:

  • Release Verdict:
    • Defendantis not punished
    • No rehabilitation(restoration of reputation)
    • Can be retriedfor the same case
  • Acquittal:
    • Defendantis not punished
    • There is rehabilitation(restoration of reputation)
    • Cannot be retriedfor the same case

3. Analogy:

  • Release Verdict:Someone is accused of stealing, but it turns out that they only took their own belongings that were left behind.
  • Acquittal:Someone is accused of stealing, but there is not enough evidence to show that they are the perpetrator.