Wrongly Convicted Database Record

 

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Café De Kachel

 

Charge:

Smoking Ban

Sentence:

"€1,200 (Euros) (about $1,680)"

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2009

Year Cleared:

2009

U.S. State or Country of Crime:

Netherlands

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Owners of the Cafe De Kachel in Groningen were wrongly convicted in February 2009 of violating The Netherlands ban on smoking in hotels, restaruants and catering industry that went into effect in July 2008. They were fined €1,200 (Euros) (about $1,680) and threatened with closure. On July 3, 2009 the appeal court at Leeuwarden overturned the conviction, ruling there are 'no clear legal grounds for introducing and upholding such a ban in small cafes and bars'. The court's ruling means the tobacco law does not apply to small cafes run by their owners without employees,"

Conviction Caused By:

The trial judge misapplied the anti-smoking law in The Netherlands.

Innocence Proved By:

In July 2009 a Dutch appeals court overturned the conviction.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Cafe not guilty of breaking smoking ban, Dutch News, July 3, 2009"

Information Location 1:

http://www.dutchnews.nl/news/archives/2009/07/cafe_owners_not_guilty_of_brea.php

Information Source 2:

"New victory for opposition to smoking ban, NRC Handelsblad, July 3, 2009"

Information Location 2:

http://www.nrc.nl/international/article2290818.ece/New_victory_for_opposition_to_smoking_ban

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