The Difference Between Acquittal and Discharge in Criminal Cases

Legal Literacy - In Dutch legal terminology, there are terms for acquittal (vrijspraak) and release from prosecution (onslag van recht vervolging). So, what is the difference between release and acquittal? Let's look at the discussion below.

The Meaning of Release from All Legal Charges

Release from all legal charges is a decision given by the court in a criminal case, which states that the act charged to the defendant is proven legally and convincingly, but the court is of the opinion that the act is not a criminal act. This means that the defendant will not be punished for the act, and will not face other legal actions for the actions he has committed.

In another language, release from all legal charges is referred to as onslag van recht vervolging. The onslag verdict is handed down by a judge in a criminal case when:

1. The defendant's actions are proven legally and convincingly,
2. The act is not a criminal act.

Example:

• Someone is accused of fraud, but the judge decides that the act is not fraud but a breach of contract which is within the realm of civil law.
• Someone is accused of abuse, but the judge decides that the abuse was committed because the defendant acted in self-defense.

Consequence onslag:

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

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:

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.

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:

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.