This is to allow sufficient account to be taken of the unique position of the investigating officer in the legal framework. An investigation of the facts allows for the assessment of the use of force by investigating officers without the investigating officer involved being treated as a suspect immediately. Introduction of an investigation of the factsįinally, an investigation of the facts is being introduced. This ensures that the judges involved can specialise in these types of cases. In addition, the legislative proposal stipulates that cases against investigating officers who have used force will in future be heard by the Central Netherlands District Court. The maximum punishment for violent crimes is the same for everyone in the Netherlands, so if an officer is sentenced for assault or manslaughter, they can receive the same sentence as anyone else convicted of this by the criminal court. In addition, investigating officers can still be prosecuted for existing violent offences, such as assault and manslaughter. ![]() It is punishable with a maximum sentence of three years. This new offence is known as ‘contravening the rules governing the use of force’ (schenden van de geweldsinstructie). If investigating officers do not adhere to the rules governing the use of force, they risk being charged with an offence. If the use of force has led to (grievous) bodily harm or death, the Dutch National Police Internal Investigations Department or the Security, Integrity and Complaints Unit will always conduct an investigation. The officer must account for the use of any type of force. As a last resort, and after having issued a warning, the investigating officer is authorised to use force. ![]() The basic principle of the actions of an investigating officer is, in all cases, de-escalation. For this reason, a new legal framework has been devised with a specific focus on the task and powers of an investigating officer. Unlike members of the public, the government expects investigating officers to use force under certain conditions in the course of their duties, for instance to make a situation safe again. The current legal framework does not take sufficient account of the unique position of investigating officers. In addition to creating a separate offence, the legislative proposal also introduces an investigation of the facts and the hearing by a single court of cases brought against investigating officers who have used force. ![]() Today, the Senate approved Minister of Justice and Security Grapperhaus’ legislative proposal on the use of force by investigating officers, which introduces a legal framework for assessing the use of force by investigating officers such as police officers, members of the Royal Netherlands Military Constabulary and special investigating officers who are authorised to use force. The Dutch Criminal Code will be updated with a separate offence for investigating officers who are guilty of contravening the rules governing the use of force, resulting in bodily harm or death.
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