| 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. |
1.1
Location
Western Europe, bordering on the North Sea, Beetween Belgium and Germany.
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
1.3
Government
The Netherlands is a constitutional monarchy.
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.
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. The 26th force, the Netherlands Police
Agency (KPLD. Korps Landelijke Politiediensten) is a nationwide agency taht
includes police departement for patrolling water, road, air and rail traffic,
as well as the diplomatic and royal security forces. The KPLD also provides
criminal intelligence, specialist Investigation expertise and crime analysis
on a national level, and is responsible for dealing with international requests
for mutual assitance.
2.3
NCB structure
The International Police Services of the Netherlands Police Agency integrates
the activities of: Interpol, Europol, The SIRENE bureau, the translation departement,
Dutch liaison officers abroad and contacts with foreign liaison officers.
2.4
International investigations
International investigations can be executed by the regional police forces,
the royal marechaussee and special investigation services.
Eight 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
special investigation services. the IRCs form the focus point for the Dutch
NCB.
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.
3.1
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 deals with summary
offences. The district court pass initial sentence on indictable offences, and
function as acourt 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.
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 |
|
|
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
|
|
Pseudo-buying
|
Y
|
|
Controlled delivery
|
Y
|
|
Infiltration
|
Y
|
|
| Witness protection |
Y
|
|
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
|
|
|
|
|
Missing persons
|
|
|
|
|
Stolen motor vehicles
|
|
|
|
|
Stolen property
|
|
|
|
|
Criminal records
|
|
|
|
|
Fingerprints
|
|
|
|
|
Photographs of criminels
|
|
|
|
| Serving prisoners |
|
|
|
|
Listed telephone subscribers
|
|
|
|
|
Unlisted telephone subscribers
|
|
|
|
|
Vehicle owners and registrations
|
|
|
|
|
Passports
|
|
|
|
Company registers
|
|
|
|
Driving licences
|
|
|
|
National register / Electoral roll
|
|
|
|
Bank accounts N
|
|
|
|
| Tax information N |
|
|
|
4.3
Liaison officers
4.3.1 liaison officers posted abroad
4.3.2 Foreign liaison officers posted
| 5. Police/Customs co-operation |
|
|
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.
6.1
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
|
|