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 anyone who commits an act required by the necessary defense of his own or someone else's body, dignity or property against instantaneous, unlawful assault. In circumstances of intense stress and emotion, you react on impulse. It's hard to keep acting rationally when you're threatened. You may be overstepping the boundaries of necessary defense in your self-defense. Exceeding the limits of necessary defense is not punishable if it has been the direct result of a violent emotion caused by the assault. You should think of hitting back harder than necessary to repel the attack. You use a weapon when less or without would have sufficed. Or you keep fighting back longer than is strictly necessary (counterattack). It is only possible to invoke severe weather excess in the event of severe weather.
It is preferably wise to discuss your story with a lawyer before making a statement.