The Milk and Water Cause (HR 14-02-1916, NJ 1916, 681), also known as Melkventer judgment, is a classic judgment of 1916, in which the Dutch Supreme Council teaches the absence of all blame (AVAS).
Absence of all debt is an illegitimate debt termination ground. In the absence of all debt, a suspect should not be convicted, according to the Supreme Court.
The judgment also plays a role in the doctrine of participation. (See there.) Spy
In accordance with Article 303 of the General Police, a regulation was prohibited in Amsterdam from selling mixed milk as whole milk. A farmer had diluted milk with water without revealing this and sold this product as full milk by his servant. The servant had no knowledge of this deception and he did not blame him. By the so-called absence of all guilt, the servant discontinued prosecution. Process and relevance
The plaintiff was sentenced by the court to a fine of twenty five guilders for delivering mixed milk. Against this verdict, the farmer was in cassation. The cassation profession was rejected. The High Council also confirmed the principle of absence of all debt:
According to the Supreme Court, this absence of all debt to the seller (the actual perpetrator) does not imply that his boss (the average paternity) is also released. There is an act of committing someone else to commit an offense for which the other person can not be punished.
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