PhD defence S.R. (Sven) Bakker

Often, conduct is carried out that ostensibly fulfils the components of a statutory offence description, while it is questionable whether such conduct is actually worthy of punishment or punishable by law. Such conduct often takes place in 'special contexts', such as sports and games, art and the (medical) profession. For example, the question can be raised as to whether, and by what means, criminal liability should be excluded when, in those special contexts, a football player injures his opponent, an artist creates an offensive work and a doctor inflicts pain during treatment. The criminal court has little legal guidance in such an assessment and it is clear from the case law that (as a result) it arrives at impunity in various, divergent ways.

This study explores the background, place and meaning of 'contextual exceptions' in general criminal law and assesses to what extent the determination of exclusion of criminal liability takes place in a systematic manner. This also illustrates whether this method is sufficient to do justice to the particularities of the contexts in which the conduct occurs. The conclusions and recommendations that follow are intended to promote a systematic approach to judicial determination, which serves the interests of participants in these special contexts, as well as those of actors in the criminal justice system.

The public defence will take place at the Senate Hall, 1st floor Erasmus Building, location campus Woudestein. The ceremony will begin exactly at 15.30 PM. In light of the solemn nature of the ceremony, we recommend that you do not take children under the age of 6 to the first part of the ceremony.