ontoerekenbare

Ontoerekenbare is a term used in Dutch criminal law to describe a person whose conduct at the time of an offense cannot be attributed to them as legally blameworthy. It relates to the concepts of culpa (guilt) and toerekening (attribution). When someone is deemed ontoerekenbaar, they cannot be punished in the usual way for the offense because they lacked the mental capacity or self-control required to be held responsible.

Grounds for a finding of ontoerekenbaar include mental illness or severe psychological disorder present at the moment of the act, which impairs understanding or control of one’s actions; intoxication with drugs or alcohol to a degree that eliminates or severely diminishes capacity; and automatism, where actions are performed without conscious awareness due to an external or internal trigger. More broadly, the criterion is the absence of the required mens rea (mental fault) or the ability to act in accordance with the law.

Procedurally, the question is resolved by the court based on evidence, including expert psychiatric or psychological evaluations. The assessors determine whether the defendant could understand the nature of the act and control their conduct, and whether this capacity was lacking at the time of the offense.

Consequences of a finding of ontoerekenbaar typically include exemption from criminal liability. Instead of punishment, the court may order measures oriented toward care and safety, such as treatment, supervision, or other mental health interventions, under applicable law. This reflects a shift from punitive punishment to protective and rehabilitative aims.