ABSTRACT
A result of the combination of inquisitorial and adversarial elements in the Dutch criminal law system is that suspects have an ambiguous position in the courtroom. As interested party they have to defend themselves against an accusation; as objects of inquiry, they are required to assist the judges in their fact finding. Judges also have a double commitment. The formal accusation in the courtroom is formulated in the indictment and read or summarized by the public prosecutor after the beginning of the trial. The absence of opportunities for suspects to reply immediately to the charges provides a framework in which the public prosecutor can foreclose possible defenses. Dutch law provides two main grounds for immunity to exculpate confessing suspects: excuses and justifications.
