ECLI:NL:GHARN:2010:BL9473
ECLI:NL:GHARN:2010:BL9473
AI generated
Court of Appeal of Arnhem acquits defendant of primary charges but convicts on secondary sexual assault charges.
Netherlands (NL)
Legislator summary
AI generatedThe Court of Appeal of Arnhem annulled the first-instance judgment for procedural economy reasons and ordered a retrial. The court found the defendant guilty of secondary charges involving sexual acts with a subordinate but acquitted him of the primary charges alleging sexual penetration. Consequently, the defendant was sentenced to six months of suspended imprisonment and 180 hours of community service.
Legislator headnote
AI generatedArticles 14a, 14b, 14c, 22c, 22d, 57 and 249 of the Criminal Code: The court may acquit a defendant of primary charges while convicting on secondary charges if the evidence supports the lesser offense but not the more serious one.
Keywords
AI generated
sexual assault charges
secondary charges conviction
primary charges acquittal
suspended imprisonment sentence
community service order
Criminal Code provisions
Court of Appeal ruling
Cited Legislation
AI generatedArticles 14a, 14b, 14c, 22c, 22d, 57 and 249 of the Criminal Code
artikel 422 van het Wetboek van Strafvordering