Law Enforcement in The Netherlands - Powers

Powers

The police have powers "ordinary" people don't have. E.g. an officer can stop or arrest people, or look in a shopping bag for lifted items, or (on authorization of the assistant prosecutor) search a home for arms. The police also have the power to use force. This power is often called the "monopoly on force". The police is one of the few organisations in the Netherlands that are allowed to use force, the use of which is bound by many rules and preconditions.

The power to stop someone is often confused with the power to arrest someone. The power to stop someone is the power of the police to make someone stand still, so that the police can ask for his name and address. (A lot of people say they have been arrested when they were really only fined or just stopped.)

The power to stop someone is the power that enables the arrest of someone. However, this power is not only granted to the police. The Code of Criminal Procedure, article 53, sub 1, reads:

In case of discovery in the act everyone is authorized to stop the suspect.

The term "in the act" meaning "when it just happened".

Stopping someone means holding the suspect while waiting for the arrival of the police. When someone is stopped, he is always brought to a police station for questioning.

The investigative powers of the police are for example described in the Police Law, the Arms and Munitions Law, the Opium Law, the Road Traffic Law 1994, the Entry Law and the Code of Criminal Procedure.

These powers are bound by very strict rules. Some of these powers may be applied by an officer himself, like the examples before. Other police powers, like wiretapping, observation or searching premises, can only be used after permission is granted by the examining judge.

Read more about this topic:  Law Enforcement In The Netherlands

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