The police sometimes use undercover agents or lures to catch criminals in the act. But where is the border? For example, can an agent buy drugs or encourage a suspect to do something punishable? And when does the police go too far?
Those questions were discussed after a recent case in Assen. A 27-year-old man was sentenced to a prison sentence and community service at the end of January. He was caught when he sold cocaine to undercover agents. During a house search, the police also found large quantities of drugs, a gas pistol and heavy fireworks. According to the judge, the man had been involved in drug trafficking for months.
Providing in a legal sense means that someone is encouraged to commit a criminal offense. Think of an agent who persuades someone to buy or sell drugs, or leave an unhoven bag full of money on the street to provoke a theft. This is punishable for ordinary citizens, but different rules apply to the police.
Under strict conditions, agents may use provocation techniques to detect suspects. For example, the police are allowed to place a lure bike in a place where bicycles are often stolen. This is not seen as provocation, because the suspect makes the choice to take the bike with him. But the police are not allowed to persuade anyone to commit a crime that would otherwise not have taken place.
In the case of heavier crimes such as drug trafficking, the police can go undercover. In such matters, agents can occur as buyers to collect evidence. This is only allowed if there is permission from a public prosecutor or a judge. Moreover, it must be necessary for the investigation and the police are not allowed to go so far that a suspect commits a crime that he would otherwise not have committed.
The Supreme Court has stipulated in several statements that the police must remain passive. Agents may create suspicious situations, but not themselves the reason for criminal behavior. In the past, criminal cases have been dismissed because undercover agents crossed too strongly to commit criminal offenses.
Suppose the police use extra bicycles and therefore grabs more bicycle thieves. Does that mean that suddenly more bicycles are stolen? Not necessarily. It can also mean that the police see better where the problem is.
Research by the Scientific Research and Documentation Center (WODC) From 2019, it appears that lures such as lures and bikes do not immediately provide more crime. They mainly help to map better where a lot is stolen, so that the police can intervene more specifically.
At the same time, something can arise that researchers call a ‘catch effect’. Because the police with lures pick up goal -oriented criminals, it sometimes seems as if a crime occurs more often than is the case. In a study by Leiden University from 2017, researchers conclude that these investigation techniques are useful for catching crooks, but that they do not always give a complete picture of how much crime there is really.
So no, catching more crooks does not automatically mean that there is also more crime. Sometimes it only becomes more visible.
Back to the case that was a reason for this question. In the case of the 27-year-old man from Assen, the police seem to have acted within the rules. Phone data showed that he had been active as a dealer for some time. So he was already planning to sell drugs, and the agents did not ask him to do anything he would otherwise not have done.
Because the police portrayed a criminal offense that was already going on, there is no unacceptable provocation.
Do you also walk around with a question about how something works in the Netherlands? Send your question and maybe we will investigate for you!