Advanced Search

Police Act 2012

Original Language Title: Politiewet 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law of 12 July 2012 establishing a new Police Act (Polition Act 2012)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to introduce a new regime for the organisation and administration of the police, and to do so. Police Act 1993 to be replaced;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. Conceptual provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • a. Our Minister: Our Minister of Security and Justice;

    • b. Police: the national police force, referred to in Article 25, first paragraph ;

    • c. Prunschef: the basket head, for the purpose of Article 27 ;

    • ed. unit: a regional or national unit;

    • e. Regional unit: a police regional unit as referred to in Article 25, first paragraph, point (a) ;

    • f. national unit: a national police force as referred to in Article 25, first paragraph, point (b) ;

    • g. Regional authority: the regional authority, referred to in Article 38c ;

    • h. police chief: the head of a regional or national unit;

    • (i) The functions of justice of the judiciary:

      • 1. the execution of legal regulations by which our Minister has been entrusted and the implementation of legal regulations made at or under the Aliens Act 2000 ;

      • 2 °. the procedure for the enforcement of infringements of statutory provisions, in so far as they are subject to the supervision of the conduct of the police task of the prosecution service;

      • 3. the service of judicial communications in criminal matters, the carriage of persons who are free of liberty and the service of courts of the courts;

    • j. Member: Official of police who, related to the number of residents, is available to a municipality for the execution of the police task, as part of a basic team for the benefit of a municipality.

  • 2 This law and its provisions are governed by criminal law enforcement of the rule of law: to safeguard the safety of persons.


Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link

Officials of police officers within the meaning of this Act are:

  • (a) officials appointed for the execution of the police task;

  • b. Officials appointed for the execution of technical, administrative and other tasks at the service of the police;

  • (c) voluntary officials appointed for the execution of the police task for the execution of technical, administrative and other tasks in the service of the police;

  • d. officials assigned to the task of carrying out the task of policing the task of carrying out technical, administrative and other tasks at the service of the State Police Department.


Article 2a

Compare Versions Save Relationships (...) (External Link) Permanent Link

Officials assigned to the Land Selection and Training Institute Police, Police Education and Knowledge Centre and directly to that prior to officers of police assigned to the execution of the police task are officers. Police officers as referred to in Article 2 (a) .

Chapter 2. The implementation of the police task

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 2.1. The task of the police and the police tasks of the Royal Marechaussee

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link

The task of the police shall be to ensure the effective enforcement of the legal order and the provision of assistance to those who need it, in accordance with the rules in force.


Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The following police tasks are directed to the Royal Marechaussee, who is under the management of our Minister of Defence, without prejudice to or under other laws:

    • a. to guard against the safety of the members of the royal house, in cooperation with other designated bodies;

    • b. the execution of the police task for the benefit of Dutch and other armed forces, as well as international military headquarters, and in respect of persons belonging to those forces and headquarters;

    • c. the execution of the police task at Schiphol airport and on the other aerodromes designated by Our Minister and Our Minister of Defence, as well as civil aviation security;

    • d. the provision of assistance as well as cooperation with the police under this law, including assistance to the police in the fight against cross-border crime;

    • e. the execution of the police task in places under the management of our Minister of Defence, on prohibited places under the control of the Protection of State Secrets Act have been appointed for the purposes of the defence of the defence and the office of the office of our Minister for the Presidency;

    • f. the execution of the at or under the Aliens Act 2000 tasks assigned, including the operation of the crossing points designated for that purpose by our Immigration and Asylum Minister and, to the extent necessary in this context, carry out the police task on and near these crossing points, and the provision of cooperation in the arrest or for the arraignment of a suspect or convict;

    • g. the fight against human trafficking and fraud involving travel and identity documents;

    • h. to carry out security work for the benefit of De Nederlandsche Bank N.V. on behalf of Our Minister and Our Minister of Defence.

  • 2 Among persons belonging to the other armed forces and international headquarters referred to in paragraph 1 (b) shall be understood to include the persons designated by general measure of management upon nomination of Our Minister of Defence.

  • 3 Our Minister may give general and special instructions to the Commander of the Royal Marechaussee, in so far as it concerns:

    • (a) the exercise of the functions referred to in paragraph 1 (a) and (h);

    • b. To guard against the security of persons designated by our Minister as referred to in paragraph 1 (b);

    • (c) the exercise of the task referred to in paragraph 1 (c) for the purposes of criminal law enforcement of the legal order and the security of civil aviation;

    • d. the security and security of the office house of Our Minister-President, referred to in paragraph 1 (e).

  • 4 While empowered to identify all criminal offences, remember the military of the Royal Marechaussee designated under the aegis of Article 141 of the Code of Criminal Procedure , other than in the context of the execution of his police duties, as referred to in the first paragraph.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link

By arrangement of Our Minister in accordance with our Minister of Defence, rules can be given about the cooperation of the police with the Royal Marechaussee.


§ 2.2. Privileges

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The official of the police is competent to carry out his duties throughout the country.

  • 2 Although competent throughout the country, the official of police who is employed in a regional unit shall abstain from acting outside his area of employment unless his action is reasonably necessary, or by means of rules, ed by or under the law, or by contract or with the permission of the police.


Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The official of the police who has been appointed for the execution of the police task shall be empowered to use, in the lawful exercise of his control, violence or restrictions of liberty, where the purpose of such action is to do so, in the light of the the use of these hazards justifies the use of such risks and that objective cannot be achieved in any other way. The use of force shall, if possible, advance a warning.

  • 2 The official of police referred to in paragraph 1 shall have access to any place, to the extent that it is reasonably necessary for the provision of assistance to those who need it.

  • 3 The official of the police referred to in paragraph 1 shall have jurisdiction in the examination of the clothing of persons in the exercise of his or her own right of competence or of an act for the execution of the police task, if from the facts of the case, whether or not the official is responsible for the exercise of his or her duties; circumstances indicate that there is a risk of imminent danger to their life or safety or that of the official or of a person himself or to third parties, and that examination is necessary for the use of that danger.

  • 4 The district attorney or deputy prosecutor for whom detention or lawfulness of their liberty robbed suspects or convicts shall be ordered shall be ordered to be ordered to their bodies, if from facts or cases, the court or other officer of the court of justice shall have jurisdiction to order that they are subject to a judicial review of the law. circumstances indicate that there is a risk of danger to their life or safety or that of the official itself, and that examination is necessary to take into account this danger.

  • The exercise of the powers referred to in the first to the fourth paragraph shall be reasonable and moderate in relation to the objective pursued.

  • 6 The first to paragraph 5 shall apply to the military of the Royal Navy, if he acts in the lawful exercise of his ministry, and on the military of any other part of the armed forces acting on the basis of This law provides assistance to the police.

  • 7 Our Minister may provide that the Article 142, First paragraph, of the Code of Criminal Procedure 'extraordinary' investigating officers, provided that they are able to exercise the powers specified in the first and third paragraphs, either by person or by category or unit. If this is done, the corresponding application of Article 9 establish an office instruction for them.


Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An official of police appointed for the execution of the police task shall be responsible for the enforcement of an identity document as referred to in Article 1 (1) (c) of the Article 1 of the Identification Light Act of persons, to the extent that it is reasonably necessary for the execution of the police task.

  • 3 Equal jurisdiction shall be granted to the military of the Royal Royal State in so far as it is reasonably necessary for the execution of his police task, as referred to in Article 4, first paragraph, and to the military of the Royal Royal State, or of any other part of the armed forces that provides assistance to the police pursuant to this Act.


Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A general measure of administration shall establish an office instruction for the police and for the Royal Marechaussee.

  • 2 If the military of any other part of the armed forces grants assistance to the police pursuant to this Act, the office instruction shall apply.

  • 3 Rules shall be laid down for the implementation of the rules of procedure. Articles 6 and 7 .

  • 4 In the case of, or under general management, rules shall be laid down concerning measures to which persons who are deprived of their liberty may be subject to their containment, provided that this is necessary in the interests of their safety or the safety of others.

  • 5 The fourth paragraph shall apply mutatis mutandis to persons assigned to them by the police or the Royal Marechaussee for the purpose of providing assistance.

  • 6 The officials designated by Our Minister for the carriage of rights of their liberty robbed persons, may have the powers, intended in Article 7, first and third paragraphs , to apply the measures referred to in paragraph 4, to the extent necessary to prevent the person from being transported from the supervision of the person to be carried out. The first sentence shall apply to the extent that the law of their liberty has been assigned to persons with the police or the Royal Marechaussee.

  • 7 The nomination for the general measure of administration, referred to in the first and fourth members, shall be made by Our Minister in accordance with our Minister of Defence as far as the Royal Marechaussee is concerned.


Article 10

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 All officials responsible for the task of a police task shall give each other the necessary assistance and shall continue to cooperate in a unified way in carrying out that task. They shall as far as possible provide each other with the requested cooperation.


§ 2.3. The authority

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 11

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the police in a commune act in order to maintain public order and to execute the relief mission, it shall be under the authority of the Mayor.

  • 2 The mayor may provide the relevant officials of police with the necessary guidance for the performance of the duties referred to in paragraph 1.


Article 12

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the police act as a criminal law enforcement of the legal order or to carry out duties in the service of the judiciary, it shall, unless otherwise provided for by law, under the authority of the Public Prosecutor.

  • 2 The Public Prosecutor may give the officers concerned the necessary instructions for the performance of the duties referred to in paragraph 1.


Article 13

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The mayor and the prosecutor regularly, together with the head of the territorial part of the regional unit within whose territory the municipality is wholly or partly covered, and, if necessary, with the police chief of a Regional unit, police task force and job implementation policy (triangular consultation).

  • 2 In the triangular consultation, the mayor and the prosecutor will agree on the involvement of the police in the maintenance of public order and the provision of aid, or for the benefit of criminal law. the enforcement of the rule of law and the tasks of the justice system. The agreements are co-created on the basis of the goals set out in Article 38b, first paragraph .

  • 3 At the request of the mayor, the triangular consultations take place at municipal level.

  • 4 In the triangular consultation, local priorities and the fight against crime shall be agreed between the mayor and the district attorney.


Article 14

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In so far as the Royal marechaussee is acting in a municipality to maintain public order, she is under the authority of the mayor. Article 11, second paragraph , shall apply mutatis mutandis.

  • 2 In so far as the Royal Marechaussee acts in criminal law enforcement of the legal order, or functions in the service of the judiciary, it is, unless otherwise determined by law, under the authority of the Public Prosecutor. Article 12, second paragraph , shall apply mutatis mutandis.

  • 3 If the Royal marechaussee occurs as referred to in the first or the second member, the commander of the Royal Marechaussee shall participate in the consultations provided for in Article 13 .

  • 4 The first and second members shall apply mutatis mutandis to the military of any other part of the armed forces, if he grants assistance to the police.


Article 15

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 3 Our Minister may be the mayors and, in the event of a situation as referred to in Article 39 of the Safety Regions Act The President of a security region, as far as possible after consultation with them, shall provide general and specific directions with regard to the maintenance of public policy, to the extent necessary for the sake of the security of the State or the State of the Security Council. relations between the Netherlands and other powers, or with a view to the important interests of society. The instructions shall be given as far as possible in writing.


Article 16

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may designate objects and services whose security is necessary by the police in the interests of the security of the State or the relations of the Netherlands with other powers, or with a view to serious security; interests of society.

  • 2 The mayor shall ensure the execution of a decision as referred to in paragraph 1, in so far as that is in order to maintain public order.

  • 3 The officer shall ensure the execution of a decision as referred to in paragraph 1, in so far as it is provided for in criminal law enforcement.


Article 17

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 Under ministerial arrangements, rules may be laid down for the implementation of the first paragraph.

Chapter 3. The policy towards the police and the organisation of the police

Compare Versions Save Relationships (...) (External Link) Permanent Link

Section 3.1. Policy and management powers and quality assurance at the state level

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 18

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 At least once every four years, our Minister, after hearing the College of Prosecutor-General and the regional authorities, is responsible for determining the national policy objectives as regards the enforcement of police activities.

  • 2 If there are particular reasons for doing so, the national policy objectives may be altered or supplemented in the intervening period, and shall be heard by the College of Prosecutor General and by the Regional Development Authority (Regional Prosecutor).

  • 3 Once the national policy objectives have been adopted, amended or supplemented, our Minister shall send them to the States General.


Article 19

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister, in the presence of the Chief Minister, shall, at least four times a year, hold consultations with the regional authorities or a delegation from the regional authorities and the President of the College of Prosecutors-General on the task of carrying out the task. the management of the police.

  • 2 Our Minister points to two mayors for a period of four years participating in the consultation. They are the mayor of a municipality with less than 100 000 inhabitants. They may not also be regional authority. For the designation, a recommendation is made by a body designated by Our Minister.

  • 3 In each case, the consultations shall discuss:

    • a. The Establishment of the Police;

    • b. the national policy objectives referred to in Article 18, first paragraph , and the objectives referred to in Article 20, first paragraph ;

    • c. The distribution of strength, specified in Article 36 ;

    • d. the draft budget and the draft of the multi-annual estimate referred to in Article 34 , the draft of the annual accounts referred to in Article 35 , the design of the management plan and the annual report provided for in Article 37, first paragraph ;

    • e. the appointment of the members of the leadership of the police, as referred to in Article 28, third paragraph , and

    • f. proposals of law, draft general measure of management and draft ministerial arrangement which relate wholly or to an important part to the task execution by and management with respect to the police.


Article 20

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister shall, having regard to the circumstances of the unit concerned, after hearing the College of the Prosecutor-General and the regional and regional authorities, shall, at least once every four years for each regional and national unit, meet the objectives of the In order to achieve the national policy objectives referred to in Article 18, first paragraph . Before a regional authority has been given the joint view of the mayors of the local authorities in the area in which the regional unit runs the police task, he hears these mayors about the objectives of the municipalities in the area of the region. pursuit of security.

  • 2 If there are particular reasons for doing so, the objectives for a regional or national unit may be altered or supplemented in the intervening period.


Article 21

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of, or under general management, rules may be laid down concerning the requirements for proper enforcement by the police and the requirements placed on the competence of the officials of the police.

  • 2 In so far as the rules referred to in paragraph 1 also apply to the execution of the police tasks by the Royal Marechaussee, the nomination for the general measure of administration is made by Our Minister in accordance with Our Secretary of Defense.


Article 22

Compare Versions Save Relationships (...) (External Link) Permanent Link

Rules on armaments, equipment and clothing of police officers shall be laid down or pursuant to general management measures.


Article 23

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By ministerial arrangement rules may be laid down on:

    • a. The information and communication facilities of the police and its use by the police and by other organisations that have a task in the field of justice, public order, security or assistance, and with which the police the implementation of the police task of sharing information and communication facilities;

    • b. The information security by the police and by other organisations as referred to in subparagraph (a).

  • 2 To the extent that the rules referred to in paragraph 1 are relevant to the execution of the police duties, Article 4 , they may, in agreement with our Minister of Defence, be made public with regard to the Royal Marechaussee.

  • 3 Our Minister may allocate regional and rural units frequencies for the transmission of data by means of appropriate designated information and communication facilities.


Article 24

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of a general measure of administration, rules may be laid down on:

  • a. the purposes for which the police, subject to compliance with or under the conditions of Police Data Act , data processed or further processed and the categories of data processed by the police, as well as on the provision of data for the purpose of carrying out the police task and the provision of data to persons and bodies;

  • b. the way in which the police processes data, including the writing and classification of data, as well as the method of indicating the origin of the data.


Section 3.2. The Establishment of the Police

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 3.2.1. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 25

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 There is a national police force which consists of the following parts:

    • (a) regional units responsible for the execution of the police task;

    • b. One or more of the national units to be designated by ministerial order in charge of the implementation of the police task;

    • (c) any support services to be indicated by ministerial arrangement.

  • 2 There is a regional unit in each of the arrondissements, mentioned in the Law of the judicial system On the understanding that there is a single regional unit in the district of Gelderland and Overijssel.

  • 3 By ministerial arrangement, an area in which a regional unit carries out the police task may be divided into multiple areas in which a regional unit carries out the police task.

  • 4 A regional unit may be divided into territorial components. A territorial component may be located only in one region, as specified in the Annex, as referred to in the Annex. Article 8 of the Safety Regions Act Unless our Minister, at the joint request of the relevant mayors and prosecutors, decides that a territorial component is located in more than one region.


Article 26

Compare Versions Save Relationships (...) (External Link) Permanent Link

The police have legal personality and are established in a municipality to be indicated by our Minister.


§ 3.2.2. The basket shearer

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 27

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The basket chief is in charge of the charge and management of the police. The Chief Minister is responsible for the exercise of his duties and powers to our Minister.

  • 2 The corps de korpschef represents the police in and out of law.


Article 28

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The chief of staff is hereby appointed, suspended and dismissed by royal decree. The appointment of the regional authorities and the College of Prosecutors shall be given an opportunity to deliver an opinion on the appointment. The basket case is appointed for a period of six years and can be reappointed for a period of three years each time.

  • 3 By ministerial arrangement, officials of police are designated who are part of the leadership of the police. They shall be appointed, suspended and dismissed by Royal Decree. The appointment of the regional authorities and the College of Prosecutors shall be given an opportunity to deliver an opinion on the appointment. Our Minister, from the middle of the leadership of the police, is a deputy chief of staff.


Article 29

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The following actions of the basket need the assent of Our Minister:

    • (a) the conclusion of agreements exceeding the amount to be fixed by Our Minister;

    • b. to invest in investments which exceed the amount to be determined by our Minister;

    • (c) establishment or co-creation of legal persons or the participation therein.

  • 3 It is prohibited from the basket:

    • a. Loans to go other than with our Minister of Finance;

    • (b) to enter into agreements in which he commits to collateralisation including for liabilities of third parties or where he or he commits himself as a guarantor or a joint debtor or makes himself strong for a third party.


Article 30

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of, or under general management, rules shall be laid down on the management of the police. Nominations for general measures to be adopted pursuant to this paragraph shall not be made more than four weeks after presentation to the two Chambers of the States-General.

  • 2 By or under general rule of directors on a proposal from Our Minister in accordance with our Minister of Finance, rules are being set about the financial management of the police. Nominations for general measures to be adopted pursuant to this paragraph shall not be made more than four weeks after presentation to the two Chambers of the States-General.


Article 31

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister may give general and general instructions to the Commission in respect of the exercise of his duties and powers.


Article 32

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 De korpschef is given to our Minister, asked and unasked, in good time the information that our Minister needs for the exercise of his task.

  • 2 Our Minister may request access to information and documents, to the extent that it is reasonably necessary for the performance of his duties.


§ 3.2.3. Policy and management cycle and funding

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 33

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister makes contributions to the police for each year from his ministry's budget.


Article 34

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister proposes an annual budget for the police for the coming financial year, as well as a multi-annual estimate for four in the following years.


Article 35

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister shall draw up annual accounts of the police, accompanied by a statement on the fidelity and lawfulness of the expenditure, issued by an auditor, as referred to in Article 4 (2). Article 393 of Book 2 of the Civil Code .


Article 36

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 In the case of, or under general rule, rules shall be laid down on this allocation.

  • 3 The nomination for a general measure of management to be adopted under this Article shall not be more than four weeks after the draft has been submitted to both Chambers of the States General.


Article 37

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister shall establish an annual management plan and annual report for the police.

  • 2 The management plan shall contain, in any case, the classification of the units as referred to in Article 25, first paragraph , in districts and base teams.

  • 3 The mayors of the municipalities in the area where the regional unit is responsible for the police task and the chief prosecutor are heard by the chief prosecutor on the classification of the regional unit and the extent of its parts.

  • 4 The annual report provides a description of the activities carried out by the regional and national units to achieve the national policy objectives referred to in Article 4 (2) of the Treaty. Article 18 .


Section 3.3. The regional units

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 38

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The daily management of a regional unit rests with the police chief.

  • 2 The police chief of a regional unit is appointed, suspended and dismissed by royal decree. The appointment of the regional authority and the chief officer of the judicial authority shall be given an opportunity to deliver an opinion on the appointment. Before the opinion is delivered, the regional authority shall hear the mayors of the municipalities in the area in which the regional unit carries out the police task.


Article 38a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 There is at least one female resident per 5 000 inhabitants.

  • 2 Detailed rules shall be laid down in the case of a general measure of administration.


Article 38b

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 At least once every four years, the municipal council shall set out the objectives pursued by the municipality in the field of security through the maintenance of public order and the provision of assistance by the police.

  • 2 Prior to the adoption of the policy plan, Article 39, first paragraph , is the mayor of a municipality in the area where the regional unit carries out the police task, the municipal council of that municipality on the draft policy plan.


Article 38c

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister points to each region in which a regional unit carries out the police task for a period of four years, a regional authority. The mayors of the municipalities in that area will be given the opportunity to make a joint recommendation for the designation. In principle, our Minister shall follow the recommendation of the recommendation, except where weightgrounds give rise to a derogation. Our minister motivates a derogation.

  • 2 The mayors of the municipalities in the area in which the regional unit carries out the police task can jointly ask our Minister to relieve the regional authority of his office. The third and fourth sentences of the first paragraph shall apply mutatis mutandis.


Article 38d

Compare Versions Save Relationships (...) (External Link) Permanent Link

The regional authority shall, on the basis of this law, lay down the exercise of its functions under this law and shall be responsible for the exercise of its functions. Article 39, second paragraph , accountable to the other mayors of the municipalities in the area in which the regional unit carries out the police task.


Article 39

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The mayors of the municipalities in the area in which the regional unit execs the police task and the chief officer of justice shall, at least once every four years, subject to the objectives set out in Article 20, first paragraph , the policy plan and annual annual report for the regional unit. In any event, the policy plan shall include the division of the available police authority under which the available wine agents are intended to be Article 38a, first paragraph , on the components of the regional unit, taking into account the importance of proper enforcement of the police task in all the municipalities concerned and the objectives referred to in Article 4 (2) of the Treaty. Article 38b, first paragraph .

  • 2 If the policy plan or the annual report cannot be determined in accordance with the first sentence of the first paragraph, the regional authority shall, in agreement with the chief officer of the judicial authority, draw up the policy plan and the annual report, respectively. Solid.

  • 3 If the regional authority and the chief officer of the procedure cannot agree on the documents referred to in paragraph 2, the regional authority shall present such disagreement in writing to our Minister who shall not be able to reach agreement on the matter. And then it decides. The regional authority shall bring the documents in accordance with the decision of Our Minister.

  • 4 The regional authority shall send the policy plan and the annual report to our Minister and to the basket chief.

  • 5 Against the decision to adopt the policy plan referred to in paragraph 2, the mayor of a municipality in the area in which the regional unit carries out the police task may appeal to our Minister. It shall assess whether the policy plan is unacceptable in an unacceptable manner in order to ensure the proper performance of the police task in the municipality in question.

  • 6 The regional authority shall bring the policy plan in accordance with the decision of Our Minister without the consent of the mayors of the municipalities in the area where the regional unit carries out the police task and the is required to be chief officer of the judiciary.


Article 40

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, in relation to the policy plan, Article 39, first paragraph , give the necessary guidance to the regional authority if, in the opinion of our Minister, the policy plan does not or insufficiently ensure that the objectives set out in the Article 20, first paragraph , can be achieved.

  • 2 The instructions referred to in paragraph 1 shall be given in writing, shall be heard by the regional authority.

  • 3 The regional authority shall, where necessary, bring the policy plan referred to in Article 39, first paragraph In accordance with the instructions, without the agreement of the mayors in the area in which the regional unit carries out the police task and the chief officer of justice is necessary.


Article 41

Compare Versions Save Relationships (...) (External Link) Permanent Link

The regional authority and the chief officer of justice shall consult regularly with the police chief of a regional unit.


Section 3.3a. Top Local Tuning

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 41a

Compare Versions Save Relationships (...) (External Link) Permanent Link

The mayors of the municipalities in the area in which the regional unit carries out the police task and whose borders coincide with the classification of the regions listed in the Annex to Article 8 of the Security Regions Act, and the The Chief Prosecutor of Justice may hold consultations at least once a year on the policies and tasks of the police.


Section 3.4. The National Units

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 42

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 There are one or more national units. They shall be responsible for one or more of the following tasks:

    • a. the nationwide and specialist execution of police tasks, in cooperation with the regional units, the Royal Marechaussee and the in Article 10, second paragraph , persons referred to;

    • (b) the collection, registration, processing, management, analysis and provision of information and the provision of other support activities for the purposes of the tasks of the bodies and persons referred to in point (a), and of the other criminal law enforcement of the legal order, as well as the international exchange of information and national information to private individuals;

    • c. to guard against the safety of members of the royal house and other persons appointed by our Minister.

  • 2 In the case of ministerial arrangements, rules may be laid down on the activities referred to in paragraph 1.

  • 3 The daily management of a national unit rests with the police chief.

  • 4 The police chief of a national unit is appointed, suspended and dismissed by royal decree. The Court of Attorney-General shall be given an opportunity to deliver an opinion on the appointment.


Article 43

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may the relevant officials of police as far as exercising the duties, intended in Article 42, first paragraph, points (a) and (b) In the case of components of a national unit intended for this purpose, the necessary general and specific directions to the performance of such tasks, to the extent that the police are acting in the law or in accordance with the law or in any other way, shall be required to carry out such tasks. the basis of a treaty or a decision of an international organisation under the responsibility of our Minister.

  • 2 The power referred to in paragraph 1 shall also apply to our Minister for the performance of the task, which is to be the responsibility of the Minister for the purposes of the Article 42, first paragraph, point (c) .

  • 3 If a regional unit or the Royal Marechaussee provides assistance to a rural unit for the purpose of carrying out the task, Article 42, first paragraph, point (c) The Minister concerned may give the relevant officials of the police, the commander of the Royal Marechaussee, with the necessary general and special instructions.


Article 44

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, if he considers this necessary in connection with the execution of the tasks, to Article 42, first paragraph , for the benefit of eligible administrative bodies, provide the necessary cooperation in order to provide for the temporary identification of persons designated by him.

  • 2 The statutory provisions applicable to the governing bodies in respect of the activities required shall not be applied, in so far as they are in the way of carrying out such activities.


Section 3.5. Legal position

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 45

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In so far as they are not appointed, suspended and dismissed by Royal Decree, the officials of the police, with the exception of the officials of the national police officer, shall be engaged, suspended and dismissed by the corps de corps.


Article 46

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The designation of the head of a territorial part of a regional unit, intended to be Article 13 , after obtaining the agreement of the mayor and the district attorney.

  • 2 If the head of a territorial part referred to in paragraph 1 shall, upon repetition, agree on the commitment of the police, Article 13, second paragraph , having not carried out without that, in the opinion of the mayor or the district attorney, may be good reasons, the mayor or the district attorney ' s office may ask Our Minister to be the head of the territorial part of Function of the removal.


Article 47

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 3 The official who is in good faith and duly suspected of a misstand as intended in Article 1, part d, of the Law House for whistleblowers reports, will not be adversely affected by its legal status during and after the examination of this notification to the competent authority or competent authority.

  • 4 The appointing authority of officials of the police shall:

    • a. pursue a policy of integrity aimed at promoting good practice and which, in any event, pays attention to the promotion of integrity awareness and the prevention of misuse of powers, conflict of interest and discrimination;

    • b. ensures that the integrity policy is an integral part of the personnel policy at all events by ensuring integrity in working conversations and work consultations, and by providing training and training in the area; Integrity;

    • (c) ensure the establishment of a code of conduct for good administrative action;

    • d. In agreement with our Minister, determine the manner in which annual accountability will be made on the policy of integrity and compliance with the Code of Conduct.


Article 48

Compare Versions Save Relationships (...) (External Link) Permanent Link

A general measure of directors shall lay down rules on the ranks of the police and signs of special merit.

Chapter 4. The rijksrecherche

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 49

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 There is a rijksrecherche. The task of the State criminal investigation shall be to carry out investigations under the orders of the College of Prosecutors General, according to facts or conduct which may constitute a criminal offence.

  • 2 The Board of Attorney-General may entrust the State of the State with an investigation referred to in paragraph 1 where the use of the driving force is designated:

    • a. To avoid any semblance of partiality in an investigation of facts or conduct that may affect the integrity of government and are committed by natural or legal persons entrusted with a public task, or involved in the implementation thereof; or

    • b. In the case of the special expertise of the national law, to be indicated by the College of Propors-General.

  • 3 The Board of Attorney-General shall inform our Minister of a designation as referred to in paragraph 2 (b).


Article 50

Compare Versions Save Relationships (...) (External Link) Permanent Link

The provisions of or under the Articles 3 , 9 and 12 shall apply mutatis mutandis to the rijksrecherche. In the case of ministerial arrangements, rules on the requirements for proper enforcement by the police may be laid down by the Article 21 , shall be declared to be applied mutatis mutandis to the rijksrecherche.


Article 51

Compare Versions Save Relationships (...) (External Link) Permanent Link

The management of the state of the State is vested in the College of Prodors General.


Article 52

Compare Versions Save Relationships (...) (External Link) Permanent Link

At least once every four years, the Board of Prosecutors shall establish a policy plan and an annual budget, a financial report and an annual report on the state of the public health care. These require the approval of our Minister.


Article 53

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The officials of the State Department shall be appointed, suspended and dismissed by the College of Provégators-General.


Article 54

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of a general measure of administration, rules may be laid down on:

  • (a) the purposes for which the driving panel, subject to compliance with or under the provisions of the Police Data Act , data processed or further processed and the categories of data used for this purpose, as well as on the provision of data for the purposes of the implementation of the police task and the provision of data to persons and instances;

  • b. the method of processing the data-search data including the method of writing and classification of data and the method of indicating the origin of the data.


Article 55

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of ministerial arrangements, rules may be laid down on cooperation between the police and the police. By arrangement of Our Minister in accordance with our Minister of Defence, rules can be given about the cooperation of the State Police Department with the Royal Marechaussee.

Chapter 5. Assistance

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 5.1. Assistance to the police

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 56

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • If a unit is required to assist other units in order to maintain public order, the Mayor shall make a request to the Commission for the purpose of ensuring that it is addressed to the Commission.

  • If a unit is required to assist other units of criminal law enforcement of the legal order or to carry out tasks in the service of the judicial system, the Prosecutor shall address a request to the Chief Prosecutor.

  • 3 Except in cases of urgency, the request, referred to in paragraphs 1 and 2, shall not be taken than after the regional authority has been given the opportunity to comment on the request.

  • If the request referred to in paragraphs 1 or 2 of this paragraph is rejected in whole or in part, the Mayor may ask the D.A. Our Minister to provide the Commissioner with the assistance in the requested assistance.

  • 5 Requires a national unit of assistance from other units in the performance of the task, intended to be carried out in accordance with Article 42, first paragraph, point (c) Then our Minister will give the necessary orders to the basket.


Article 57

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Royal Marechaussee may provide assistance to the police.

  • 2 Our Minister, after consultation with our Minister of Defence, shall determine whether assistance is granted.

  • 3 If assistance is to be provided, Our Minister shall, in accordance with our Minister of Defence, determine how the assistance is to be provided.


Article 58

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In special cases, assistance may be provided by other parts of the armed forces.

  • 2 Our Minister shall determine, in accordance with our Minister of Defence, how the assistance will be granted. It shall also lay down detailed rules or policy rules on the exercise of powers under this Act.


Article 59

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 There are one or more special assistance units consisting of personnel of the police, the Royal Marechaussee, or other parts of the armed forces. These special units of assistance are entrusted with the control of our Minister and our Minister of Defence designated special sections of the police task.

  • 2 The State Prosecutor shall, through the College of Prosecutors General, make a request to the Police, the State Police, or the Royal Marechaussee of a Special Assistance Unit as referred to in paragraph 1. to that end our Minister.

  • 3 If assistance is required by a special assistance unit as referred to in the first paragraph, Our Minister shall determine whether and in what manner that special assistance unit shall be deployed. Our Minister immediately informs our Minister of Defence of the commitment.

  • 4 The rules of our Minister and our Minister of Defence may lay down detailed rules on the implementation of the second and third paragraphs, as well as the organization of special assistance units.

  • 5 In the case of, or under general management, the proposal of Our Minister and our Minister of Defence may lay down rules on the armaments, equipment and competence of the staff of the special assistance units.


§ 5.2. Assistance to the State aid panel

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 60

Compare Versions Save Relationships (...) (External Link) Permanent Link

If the State Police Department's assistance is required, the Board of Attorney-General shall, upon application by the D.A., provide the necessary orders to the Chief Prosecutor and inform the Minister thereof.


§ 5.3. Assistance to the Royal Marechaussee

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 61

Compare Versions Save Relationships (...) (External Link) Permanent Link

The police can provide assistance to the Royal Marechaussee, subject to compliance with Articles 62 to 64 .


Article 62

Compare Versions Save Relationships (...) (External Link) Permanent Link

If the Royal Marechaussee need assistance from the police for the maintenance of public order, our Minister of Defence shall, upon application by the Mayor, address a request to our Minister. Our Minister will provide the necessary tasks to the basket chief and inform our Minister of Defence of that.


Article 63

Compare Versions Save Relationships (...) (External Link) Permanent Link

Should the Royal Marechaussee be the assistance of the police for the enforcement of the legal order or for the provision of tasks to the service of the judicial system, our Minister of Defence shall, upon application by the officer of the A request to this effect from the College of Prosecutors-General. The Board of Attorney-General shall, through the intervention of the Chief Prosecutor, provide the necessary tasks to the police chiefs concerned and inform our Minister and Our Minister of Defence.


Article 64

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Requires the Royal Marechaussee to assist the police in the exercise of the duties they are carrying out on the basis of Article 4, third paragraph , under the responsibility of our Minister, our Minister, in agreement with our Minister of Defence and after consulting the College of Prosecutors General, through the intervention of the Chief Prosecutor to the police chiefs concerned. from a regional unit the necessary tasks.

  • 2 Article 4, third paragraph , shall apply mutatis mutandis to the police chief, in so far as that unit provides assistance to the Royal Marechaussee as referred to in the first paragraph.

Chapter 6. Monitoring

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 65

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Inspection Public Order and Security, referred to in Article 57 of the Security Regions Act , in order to ensure a proper execution of tasks by the police, it shall:

    • Without prejudice to the authority of the Mayor and the D.A., they shall monitor the performance of the task;

    • b. The policing of quality care by the police;

    • c. to supervise the quality of police training and the examination;

    • d. the conduct of research, if there is reason in particular, for major events in which the police are involved, unless the Council of Inquiry for Security, referred to in Article 3 (2), Article 2 of the Law of the State Research Council for Security , an investigation has been carried out to the relevant occurrence.

  • 2 The inspection carries out its work under the authority of Our Minister.

  • 3 The basket chief shall provide the inspection with the support it requires in carrying out the work carried out in the context of the first paragraph.


Article 66

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The inspection reports, requested or unsolicits, directly to Our Minister.

  • 3 Our Minister shall send to the States-General an annual report of the work carried out in the framework of Article 65, first paragraph , to be executed.


Article 67

Compare Versions Save Relationships (...) (External Link) Permanent Link

Under the supervision of Article 65, first paragraph , shall be responsible for the officials of the inspection designated by the decision of Our Minister. Notice of the decision shall be taken by the State Official Gazette.

Chapter 7. The treatment of complaints

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 67a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 With regard to the treatment and advice of complaints, one or more committees, consisting of independent members, are in charge.

  • 2 The first paragraph shall not apply if, after consideration by Our Minister, Our Minister of Defence, the College of Prosecutors General, the Chief Prosecutor or the police chief has satisfied the complainant's satisfaction with his complaint.


Article 68

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister proposes further rules on the handling of complaints about conduct of police officers.

  • 2 The rules provided for in paragraph 1 shall provide for:

    • (a) the setting up of one or more committees consisting of independent members, who shall be responsible for the management of and advice on complaints to which attention is given, where appropriate, to the provisions of the rules of the Rules of such aspects;

    • (b) the registration of the oral and written complaints and, where available, the decisions taken thereon; and

    • c. an annual publication of the registered complaints and decisions indicating the extent to which certain complaints point to structural shortcomings in the functioning of the police and where, if necessary, attention is being paid to the means to remedy these shortcomings.


Article 68a [ Enter into force at a time to be determined]

Compare Versions Save

This part has not (yet) entered into force; see the summary of changes


Article 69

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister of Defence proposes the rules, intended Article 68, first paragraph , with regard to complaints about conduct of the military of the Royal Royal Navy or any other part of the armed forces, in the performance of their functions as defined in this Act.


Article 70

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 De Korpschef is responsible for the handling of the complaint submitted on a conduct of an official of police who is employed in a support service.

  • 2 The police chief of the regional or national unit is responsible for the handling of the complaint submitted on a conduct of an official of police who has been employed in that unit.

  • 3 The basket chief shall be responsible for the handling of a complaint lodged with regard to a conduct of the police chief.

  • 4 The Board of Attorney General shall be responsible for the handling of a complaint lodged with a conduct of a civil servant of the State Department of State.

  • 5 Our Minister is responsible for the handling of a complaint lodged on a conduct of the basket chief and the under-law. Article 28, third paragraph , appointed members of the Police Department.

  • 6 Our Minister of Defence shall be responsible for the handling of a complaint submitted on a conduct of a military of the Royal Marechaussee or of any other part of the armed forces, in the execution of his or her in this law. defined tasks.


Article 71

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A complaint about conduct of an official of police shall be filed with the police chief of the unit where this official has been appointed.

  • 3 A complaint about a conduct of a civil servant of the State Department shall be lodged with the College of Provégétététététététété

  • 4 A complaint about a conduct of the basket chief and the under Article 28, third paragraph , designated members of the charge of the police will be filed with Our Minister.

  • 5 A complaint about a conduct of a military of the Royal Marechaussee or any other part of the armed forces, in the performance of his duties as defined in this Act, shall be submitted to our Minister of Defence.

  • 6 Unless the complainant has already been satisfied with his complaint to the satisfaction of the complainant, the complaint, without delay after receipt of the complaint, shall be sent to the mayor of the municipality where the conduct complained of has been as well as the chief prosecutor of the district in which the municipality is situated in which the conduct complained of has taken place. The mayor and the chief officer of the judiciary shall be given the opportunity to deliver an opinion on the complaint.


Article 72

Compare Versions Save Relationships (...) (External Link) Permanent Link

By way of derogation from Article 9:11, 1st paragraph, of General Law governing law the complaint shall be handled within 10 weeks, or, if a commission as referred to in Article 68, second paragraph, point (a) , is responsible for the treatment and advice of the complaint, within 14 weeks of receipt of the lamentation.

Chapter 8. Final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 73

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Police Act 1993 shall be withdrawn.


Article 73a [ Verfall by 01-01-2013]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 74

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister shall, within five years of the entry into force of this Law, send to the States-General a report on the effectiveness and effects of this law in practice.

  • 2 By way of derogation from the first paragraph, our Minister shall, within three years of the entry into force of this Law, send to the States-General a report on the effectiveness and effects of this law in the regional unity of the arrondissements in the regional unit, Intended in the Articles 5a and 11 of the Law on Judicial Classification .


Article 75

Compare Versions Save Relationships (...) (External Link) Permanent Link

The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.


Article 76

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law is cited as: Police law, indicating the annual number of the Official Gazette in which it is placed.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Entry

' s-Gravenhage, 12 July 2012

Beatrix

The Minister for Security and Justice,

I. W. Opstelten

The Minister of Defence,

J. S. J. Hillen

Published the sixteenth of July 2012

The Minister for Security and Justice,

I. W. Opstelten