An inspector of the police in Oost-Brabant worked for almost a year as an auxiliary officer for the judiciary, while that was no longer allowed. His certificate had expired. There is a chance that lawyers of suspects in dozens of cases are now trying to get evidence off the table or even the entire persecution. The Public Prosecution Service says that the auxiliary officer was ‘skilled’ and all criminal cases can continue.
The agent found out that his certificate had expired when he just wanted to request an exam for an extension last December. The man then immediately reported to his supervisor that his authority as an auxiliary officer had already expired for almost a year.
140 times in error
In the period from January 18 to December 11, 2024, the man was involved in dozens of cases as an assistant officer. In addition, he wrongly started his competence 140 times.
The Security, Integrity and Police Department then investigated the fault of the auxiliary officer. She ruled that there was no intent in the game or that there was a breach of duty by the police officer. He was only mistaken in the course date of the certificate.
Professed
Although the police officer was no longer authorized as auxiliary officer of the judiciary, he was ‘competent’ according to the Public Prosecution Service (OM). He met all the requirements of the Police Academy to get a new certificate, which made an extension a formality. The man would also not have carried out his duties as auxiliary officer.
The OM now adds an official report to all criminal cases in which this unauthorized auxiliary officer is involved. In it, the judiciary explains what went wrong, but that the interests of the suspects are not damaged according to the judiciary.
Rather wrong
In 2009, an unauthorized auxiliary officer gave permission to search a house in Blerick with a hemp nursery. Suspects were also arrested. Because the auxiliary officer had not passed his exam, the suspects and their lawyer found that the search was unlawful and the evidence obtained thereby.
The Court of Appeal in Den Bosch also thought so when the suspects appealed, but the Supreme Court reversed this decision in 2013. The highest legal organ thought that the right to a fair trial for the suspects had not been violated and that there was no question of it A very serious infringement of a fundamental right of a suspect.
Powers
An auxiliary officer from justice is usually a police officer with an inspector as a rank. As extra powers, this police officer can fix suspects in a police cell for investigation. If there is a crime in which pre -trial detention is possible, the auxiliary officer may even enclose and release a suspect for three days.
Furthermore, this inspector can decide whether a arrested suspect is being investigated his body or clothing, whether photos of a suspect are taken and fingerprints are taken. And perhaps the most important power is that an auxiliary officer can give other agents an authorization to enter a house or building even if the resident or owner does not want it.