Last updated on 27 October 2026
Self-defence (noodweer) means defending yourself or someone else against an immediate and unlawful attack. The attack targets the body, sexual integrity (eerbaarheid) or property of you or another person. If you act in self-defence, you are not punishable. This is set out in Article 41(1) of the Dutch Criminal Code (Wetboek van Strafrecht, Sr). Article 41(2) Sr covers excessive self-defence (noodweerexces).
Table of contents
Legal basis
Article 41(1) Sr has three requirements. There is an immediate attack: it is under way or about to happen. The attack is unlawful. And the defence is necessary. Self-defence is a justification. Your act is then not unlawful.
Article 41(2) Sr covers excessive self-defence. You go further than necessary, but this is the direct result of a strong emotional reaction caused by the attack. Think of fear, panic or anger. You are then also not punishable. This is an excuse rather than a justification: the act remains unlawful, but you are not to blame for it.
How it works in practice
After a violent incident, you will often be arrested as a suspect first. You raise self-defence during the police interview or later in court. The public prosecutor can drop the case (sepot) if self-defence is clear. Otherwise the court decides.
If the defence succeeds, the outcome is not an acquittal but a discharge from prosecution (ontslag van alle rechtsvervolging). The act is proven, but not punishable. The court must give reasons when it rules on a self-defence claim.
The court checks two things. Was defending yourself necessary, or could you reasonably have got away from the attack? And was the defence proportionate to the attack? Responding to a push with a knife usually crosses the line.
Common pitfalls
Carrying on once the attack is over is no longer self-defence. If you hit an attacker who is running away, there is no immediate attack. Excessive self-defence may still apply if the emotion came directly from the attack.
If you went looking for the confrontation yourself, you often cannot rely on self-defence. This applies, for example, if you started the fight or went armed to a meeting.
Sometimes a person wrongly believes they are being attacked. This is called putative self-defence (putatief noodweer). You are only not punishable if your mistake was excusable.
Your first statement matters. Describe specifically what the attacker did and how you felt. Ask for a lawyer before you give a statement.
Related terms
Assault, Murder and manslaughter, Possession of weapons and Lawyer at police interview.
Our criminal lawyers assist suspects and victims in cases involving self-defence and excessive self-defence.
Further reading
More on this subject: Grounds for exclusion of criminal liability: justifications and excuses, Assault (mishandeling) in the Netherlands: offences and procedure.
