News item | 01-07-2022 | 11:13
With effect from 1 July, the Criminal Code will provide for a separate offense for investigating officers who are guilty of violating the use of force, resulting in physical injury or death. Previously, they could only be prosecuted for general violent crimes such as assault and manslaughter, while those crimes often do not fit well with the situations in which investigating officers have to act and the powers they have. Unlike civilians, investigative officers, such as police officers, officers of the Royal Netherlands Marechaussee and certain BOAs, have the power to use force. This means that the government expects them to use force under certain conditions as part of their duties, for example to make the situation safe again. With this amendment to the law, more account is taken of the unique position of investigating officers.
The starting point for the actions of an investigating officer is de-escalation in all cases. If there really is no other option, the investigating officer can use force. The use of force must be reported and assessed. If violence has resulted in (serious) physical injury or death, an investigation is always carried out by the National Criminal Investigation Department or the VIK (Security, Integrity and Complaints) department of the police.
Criminalization
If investigating officers do not comply with their instructions on how to use force (ie rules that apply to the use of force), they can be punished for this. From 1 July, the Public Prosecution Service has the option to do so for the new offense of ‘violating the instruction on violence’. This offense is intended for cases in which an investigating officer violates the use of force instruction because he acted carelessly or made an incorrect assessment. If an investigative officer knowingly violates the violent instruction, for example by using (very) disproportionate force, it remains possible to prosecute investigating officers for already existing violent crimes, such as assault and manslaughter. The maximum sentences for violent crimes are the same for everyone in the Netherlands. So if an officer is punished for assault or manslaughter, he can receive the same punishment as anyone else who would be convicted by the criminal court. The Public Prosecution Service decides for which offense the investigating officer concerned will be prosecuted.
The Official Instruction will also change with effect from 1 July 2022. The Official Instruction contains rules for the use of force and is therefore part of the Force Instruction. With effect from 1 July, the deployment criteria for violent and freedom-restricting means have been updated and clarified.