Self-defence
Parliament’s approval of the law on self-defence (see Wednesday paper) is good news, because it literally gives potential crime victims in the Netherlands Antilles a fighting chance. Up to now a citizen had to justify an act of self-defence at his or her home or business, which was often difficult because of the lack of witnesses.
From now on the burden of proof lies with the prosecution. In other words, if someone attacks a criminal who is in his/her house, yard or an enclosed place such as a bar/restaurant, it is assumed it was self-defence, unless proven otherwise.
Of course, that does not mean people can do whatever they want to others on their property. For example, if someone is shot while running away, it is not considered self-defence.
One concern raised is the decision to allow self-defence in “immediate proximity,” because the law does not make clear exactly what that means, which can lead to misinterpretation and confusion. The Justice Minister has promised to clarify that issue in the information campaign to precede the enactment of the new law, which the prosecution has been told to take into account from now.
That information campaign is a necessity so that the wrong impression is not created and people resort to taking the law into their own hands. Again: there must still be a clear and present danger for the self-defence plea to stand up in court.
Perhaps a good example from which to learn is what happened in Curaçao last weekend with landowner Willy Maal, who confronted apparently unarmed trespassers at gunpoint and fired shots after things got physical. His detention was not prolonged by eight days for nothing and his self-defence argument may not hold water in the end.
Make no mistake, trespassing under Antillean law, also after the change in the Penal Code is enacted, does not allow for physically attacking or shooting at people, unless there is an obvious threat. It does, however, make it the job of the prosecution to establish that there were no grounds to justify self-defence.
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