The Public Prosecution Service in Northern Netherlands has decided to prosecute a 19-year-old resident of Leek for assault resulting in death. An investigation initiated by the police following the death of a 52-year-old resident of Leek on New Years night 2024 revealed that the suspect allegedly struck the later victim. About half an hour later, the 52-year-old man died in his home.
On January 1, 2024, around half-past two in the morning, a confrontation occurred between the later victim and a group of youths. The group set off fireworks while the man and his partner were walking their dogs.
Physical Confrontation
Investigations have shown that the now 19-year-old young man set off this fireworks. The man confronted the group, which ultimately led to a physical confrontation between him and the suspect. During this confrontation, the suspect allegedly struck the man. About half an hour later, the victim became unwell at home and died.
Complicated
An autopsy was performed on the man’s body. Some injuries to the face were observed, which the forensic pathologist determined were not the cause of death. However, the man was found to have a severe heart condition and a stress reaction during and/or after the physical confrontation, which may have contributed to his eventual death.
Due to the complicated legal assessment, the case has been brought before the multiple judge panel of the court in Groningen.
Inappropriate
Meanwhile, the Public Prosecution Service emphasizes that the 19-year-old young man is only a suspect. In the aftermath of the events on January 1, 2024, there was a flood of insulting and threatening messages on social media directed at the suspect. Such messages are, of course, entirely inappropriate and can also be punishable under certain circumstances.
Additional information regarding the legal question
The 19-year-old suspect is not accused of intentionally causing the mans death. However, there is suspicion that the assault ultimately led to the victims death, as that assault may have caused the heart failure. Whether that consequence can indeed be attributed to the suspect requires a complicated legal assessment.
After research and analysis of case law, the Public Prosecution Service concludes that it strongly depends on the circumstances of the case whether a consequence can be attributed to a particular act, such as in this case the striking. Whether it is reasonable in this case to attribute the death of the 52-year-old man to the actions of the suspect is therefore a question that the Public Prosecution Service believes should be presented to the judge.
The case law is not unambiguous, and therefore it is important that the judge makes a ruling in this case. In that assessment, the Public Prosecution Service has taken into account both the interests of the suspect and those of the relatives.