In an aggressive situation of intimidation, threats or physical violence, you do not always immediately think about the legal consequences of your actions. The use of force is punishable in the Netherlands. There is no "right" to self-defense. You can only invoke an emergency. In the Netherlands, self-defense, self-defence, is laid down under Article 41 of the Penal Code. Often the question arises during Krav Maga Hybrid training: What can I do?
Avoiding a situation is always the first priority! In most cases you are not allowed to hit back immediately after a (not too hard) blow. That sounds strange, but if you can parry, dodge, run away, you should do this. If you cannot escape due to obstacles, for example, or if you have your back against the wall, panicking, only then is a storm called for: • • The seizure must be acute, or imminent. • • Fleeing is not possible, you are trapped, in a panic. The manner and intensity of the response must be proportionate.
It is not self-defense and therefore punishable if you seek the confrontation yourself (through your own fault) or provoke the other person and thereby provoke an attack. When the acute threat or attack has ended, a response is then regarded as a counter-attack and therefore also regarded as a punishable offence. You may defend yourself, others and your property if you are at risk of becoming a victim of a crime. With self-defense, you may be doing something that is illegal. You can then appeal to 'emergency'. The storm must be in proportion (proportionality) to the degree of aggression or threat and that you could not have done anything else (subsidiarity).
Not punishable is he who commits an act, required by the necessary defence of his own or another's body, honour or property against immediate, unlawful assault. In circumstances of severe stress and emotion you react on impulse. It is difficult to continue to act rationally when you are threatened. It is possible that you exceed the limits of necessary defence in your self-defence. Not punishable is the exceeding of the limits of necessary defence, if it was the immediate result of a severe emotional disturbance, caused by the assault. You should think of hitting back harder than is necessary to ward off the attack. You use a weapon when less or none would have sufficed. Or you continue to fight back longer than is strictly necessary (counterattack). An appeal to excess self-defence is only possible if there is self-defence under, for example, severe emotional stress.
A judge will decide, afterwards, whether this is the case.
Every incident is complex and depends on many factors and exceptions. Have you ended up in a situation of self-defense excess? Self-defense excess can be an issue if the boundaries of necessary defense are exceeded. All requirements of self-defense are then met, except the proportionality requirement.
It is preferably wise to discuss your story with a lawyer before making a statement.