Interpol
18 March 2010



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Regional activities > European police and judicial systems
Netherlands
   
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The following pages are intended to be used as a reference guide and as general information about police and judicial systems in Interpol member countries in the European region. To facilitate understanding and make comprehension and comparison easier, the data from all contributing countries is presented in the same format. Police officers involved in international law enforcement matters especially should be aware of the many differences in police and judicial systems in Europe. This information will serve to aid this endeavour and hopefully promote greater efficiency in international police co-operation.

Introduction
  Location
  Area - Population - Language
  Government
Police system
  Law enforcement bodies
  Concise police organization chart
  NCB structure
  International investigations
  Pre-trial police and judicial powers
Judicial system
  General
  Prosecution
Investigation possibilities and international co-operation
  Possibilities
  Access to files (through NCB)
  Liaison officers
Police/Customs co-operation
Miscellaneous
  Public holidays

 

1. Introduction
Top

Top 1.1 Location

Western Europe, bordering on the North Sea, Beetween Belgium and Germany.

Top 1.2 Area - Population - Language

  • Total area:41.526 Km² (water 6.643 Km², land 33.883 km²)
  • Population:16.067.754 (July 2002)
  • Language: Dutch

Top 1.3 Government

The Netherlands is a constitutional monarchy.

 

2. Police system
Top

Top 2.1 Law enforcement bodies

Law enforcement is primarly the responsability of the Ducth regular police, organized in 26 regional forces.

In addition to the regular police forces, there are special law enforcement agencies for fiscal, military, economic and agricultural offences.

Top 2.2 Police Organization Chart

The Dutch Police organization consists of 26 police forces, of which 25 forces operates on a regional level. Each regional force is responsible for carrying out police tasks in its designated region. All law enforcement officers have national powers. Official Dutch police website: www.politie.nl .
The 26th force, the Netherlands Police Agency (KPLD, Korps Landelijke Politiediensten) carries out nationwide taskes like policing or patrolling water, road, air and rail traffic, is responsible for the security of the Royal familiy, politicians and diplomats and combats international organized crime with the National Investigation Squad. The KPLD also provides criminal intelligence, specialised investigation expertise and crime analysis on a national level, and is responsible for dealing with international requests for mutual assitance. http://www.politie.nl/KLPD/

Top 2.3 NCB structure

IPOL, the Service for International Police Co-opertion of the Netherlands Police Agency integrates the activities of INTERPOL, EUROPOL, SIRENE bureau, a translation departement, the Dutch liaison officers abroad and contacts with foreign liaison officers in the Netherlands. IPOL is also responsible for non operational international police matters as peacekeeping missions.

Top 2.4 International investigations

International investigations can be executed by the regional police forces, the Royal marechaussee and the National Crime Squad or combinations of these parties or other law-enforcement bodies.

Six regional centres (IRCs) coordinate the flow of the international requests for mutual assistance and rogatory letters that are intended for, or originate from, the 25 police regions. The IRCs are made up of members of the police force and representatives of the public prosecution service.There is one national IRC within the National Police Agency. This too is a cooperative body involving several authorities including the national public prosecution service and the national crime squad. The IRCs form the focus point for the Dutch NCB.

Top 2.5 Pre-trial police and judicial powers

Police
Prosecutor
Magistrate/Judge
Identity check
X
X
-
Arrest
X
X
-
Questioning
X
X
X
Detention by police
X
-
-
Custody (on judicial order)
X
-
-
Search of person
X
X
X
Search of premises
X
X
X
Confiscation of property
X
X
X

The powers of the authority in question depend on the circumstances of the individual case (whether the criminal is caught red-handed, the seriousness of the offence, etc.).

'Court' is (also) taken to mean the examining magistrate. In the Netherlands, during the course of an investigation the supervisory judge has various powers which are not open to the court in handling a criminal case.

 

3. Judicial system
Top

Top 3.1 General

The judiciary is made up of the cantonal courts, the district courts, the courts of appeal and the Supreme Court. The cantonal courts only deal with summary offences. The district court pass initial sentence on indictable offences, and function as a court of appeal with relation to summary offences. The courts of appeal review sentences relating to indictable offences, and the Supreme Court passes sentence in cassation.

Top 3.2 Prosecution

The Public Prosecution Service is independent of the judiciary and falls under the authority of the Minister of Justice.The Council of Procureurs-General heads the Public Prosecution Service and deals with policy matters such as establishing a uniform prosecution policy throughout the Country.The Public Prosecution Service consists of the district public prosecutor's offices, the jurisdictional public prosecutor's offices, and the national public prosecutor's office. The district public prosecutor's offices are based in the vicinity of the district courts, and the jurisdictional public prosecutor's offices in the vicinity of the courts of appeal. The national public prosecutor's office has the task of investigating and prosecuting large-scale organized crime and certain offences of an international nature.

 

4. Investigation possibilities and international co-operation
Top

Top 4.1 Possibilities

Legal or judicial assistance will be offered in cases where the applicant country has instituted an investigation. In accordance with the second paragraph of section 552i of the Dutch Code of Criminal Procedure, the police may deal independently with a request for legal assistance which involves only the provision of information, as long as the acquisition of such information does not require the deployment of special powers of investigation.

Y/N
Remarks
Telephone tapping
Y
Bugging public premises
Y
No special provisions
Bugging other premises
Y
Surveillance
Y

 Special powers and/or permission required, not on a police to police base.

Pseudo-buying
Y
 
Controlled delivery
Y
 
Infiltration
Y
Witness protection
Y

Top 4.2 Access to files (through NCB)

Information on liaison officers posted abroad and foreign liaison offices posted in the Netherlands can be obtained through the NCB.

Y/N
Response time
Remarks

Wanted persons

 Y

   

Missing persons

 Y

   

Stolen motor vehicles

 Y

   

Stolen property

 Y

   

Criminal records

 Y

   

Fingerprints

 Y

   

Photographs of criminels

 Y

   
Serving prisoners

 Y

Variable, if needed immediate except for bank and tax information

      

Except for bank and tax information direct access to all files.  Depending on the use and urgency proseutors permission might be needed.

   

Listed telephone subscribers

 Y

   

Unlisted telephone subscribers

 Y

   

Vehicle owners and registrations

 Y

   

Passports

 Y

   
Company registers

 Y

   
Driving licences

 Y

   
National register / Electoral roll

 Y

   
Bank accounts N

 Y

   
Tax information N

 N

   

Top 4.3 Liaison officers

 Information on liaison officers posted abroad and foreign liaison offices posted in the Netherlands can be obtained through the NCB.

4.3.1 liaison officers posted abroad

4.3.2 Foreign liaison officers posted

 

5. Police/Customs co-operation
Top

The Customs Service is charged with ensuring compliance with import and export regulations and excise regulations, and is authorized to carry out checks for this purpose. The violation of theses regulations may be punished with an administrative fine, and may, in some cases, result in criminal prosecution. Cooperation between the police and the Customs Service is structured by means of agreements. The provision of police information to the Customs Service is subject to conditions.

 

6. Miscellaneous
Top

Top 6.1 Public holidays

  • New Year's Day 1 January
  • Good Friday
  • Easter Monday
  • Queen's Day 30 April
  • Liberation Day 5 May
  • Ascension Day
  • Whit Monday
  • Christmas 25 December
  • Boxing Day 26 December

 

Regional activities - European police and judicial systems    
Last modified on 24 Feb 2010 
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