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Office instruction for the police, the Royal Marechaussee and other investigating officers

Original Language Title: Ambtsinstructie voor de politie, de Koninklijke marechaussee en andere opsporingsambtenaren

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Decision of 8 April 1994, laying down rules concerning a new police instruction for the police, the Royal Marechaussee and the Special Investigation Officer and the measures to be taken by persons liable for their freedom to be deprived of their freedom Subject

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

On the nomination of Our Ministers of Justice and Home Affairs of 8 December 1993, Staff Section Public Law, No. 415284/93/6 and No EA 93 /U 3630, done in accordance with Our Minister of Defence, nr. CWW 85/008;

Having regard to Article 9 of the Polition Act 1993 ;

The Council of State heard (opinion delivered on 28 March 1994, No W.O. 3.93.0838);

Having regard to the detailed report by Our Minister of Justice, made on behalf of our Minister of Home Affairs of 7 April 1994, Staff Section, Public Law, No 433019/94/6, No EA 94/U1149, released in accordance with Our Minister of Defence;

Have found good and understand:

Chapter 1. General

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Article 1

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  • For the purposes of this Decision, the following definitions shall apply:

    • a. The official who, by virtue of his office or by decision or appointment, is in charge of, or has command of, the task execution;

    • (b) if, under subparagraph (a), no more than one person may be appointed by the police who have a higher grade or, in the case of equality in grade, the person with most years of service, or by the military of the Royal Marechaussee or of any of the armed forces of the person who, by virtue of the provisions of Article 67 of the Code of Military Criminal Law The superior is.

  • 3 In this Decision, the following definitions shall apply:

    • a. competent authority: the authority referred to in the Articles 11 , 12 and 14 of the Polition Act 2012 ;

    • b. Violence: any compulsive force of more than minor significance applied to persons or cases;

    • the use of force: the use of force and the threat of violence, including the taking of a firearm to be taken to the public;

    • d. Violent:

      • 1 °. equipment authorised under Article 22 of the Police Act 2012 and which is capable of being used for the exercise of force;

      • 2. the equipment and armaments provided by our Minister of Defence to enable violence to be carried out in the execution of the police duties, intended for the purposes of the Articles 4 , 57 , 58 and 59 of the Polition Act 2012 ;

    • e. Expulsion aids:

      • 1º. the under Article 22 of the Polition Act 2012 , to the official of police, at or under the Aliens Act 2000 in charge of border surveillance or the supervision of aliens, provided for the expulsion of aliens; and

      • 2º. the by Our Minister of Defence, in agreement with Our Minister for Immigration, Integration and Asylum, to the official of the Royal Marechaussee, at or under the Aliens Act 2000 in charge of border surveillance or the supervision of aliens, provided for the expulsion of aliens;

    • f. firearm with which automatic fire can be issued: firearm with a single pressure on the firing mechanism to fire more shots than a firearm with which a choice of one shot or more fire-fired gun fire is possible;

    • g. the doctor: the service-giving advice doctor;

    • Special investigation officer: the special investigation officer, intended to Article 142, First paragraph, of the Code of Criminal Procedure ;

    • (i) the use of a firearm: the targeting, the targeting and the effective use of a firearm;

    • j. ammunition non-penetrating ammunition, which is ammunition designed to not penetrate the body when a person is being hit;

    • k. AOE-dog: dog owned by the police for purpose in police service to be deployed in the performance of a detention and support unit or a assistance unit as intended. Article 59 of the Polition Act 2012 ;

    • (l) official of a special investigation service: official of a special investigation service assigned to the performance of the tasks, as provided for in Article 3 of the Special Investigation Services Act .

  • 4 In this Decision, the person who has been deprived of his freedom of law shall be included in the decision. The person responsible for providing assistance to him at the police or brigadier office shall be included in the entry ingeset.


Article 2

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The official shall legitimize himself with the certificate of identification provided to him:

  • a. In the case of action in civil suits unsolicits, unless special circumstances make it impossible; and

  • b. In case of action in uniform, upon request.


Article 3

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An official who grants assistance under the provisions of Chapter 5 of the Polition Act 2012 Under the command of the competent authority on the spot or any official designated by that official.

Chapter 2.

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§ 1. General

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Article 4

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The use of a non-violent means of use shall be authorised only to an official:

  • a. to whom that means of violence has been granted legal status, to the extent that he acts for the purpose of performing the task for which the instrument of violence has been awarded to him; and

  • b. that has been practiced in the use of that act of violence.


Article 5

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  • 1 If the official, whether or not in a closed connection, is under the direction of a superior officer present, he shall use no force except after the express burden of such superior. The multiple indicates the use of the violent means of use.

  • 2 The first paragraph shall not apply in the case of the more than one person referred to in the first paragraph.

  • 3 The first paragraph shall not apply either in a case as referred to in Article 3 (1). Article 10, first paragraph, part b , to the extent that the burden cannot reasonably be awaited.


Article 6

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  • 1 The chief officer or the official of police appointed by him to that effect shall only convert the mobile unit or the holding and support unit after the authority has been authorized.


§ 2 Firearms

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Article 7

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  • 1 The use of a firearm, other than a firearm capable of automatic firing of fire or long-distance travel, shall be permitted only:

    • a. to hold a person in respect of whom it is reasonable to assume that he has a firearm ready for immediate use and will use it against individuals;

    • b. to hold a person who tries to evade or has taken out of his detention, arraignment, or other lawful deprivation of liberty, and who is suspected of or has been convicted of committing a crime

      • 1. to which a sentence of four years or more has been lodged for the description of the legislation; and

      • 2 °. which constitutes a serious deterioration of the physical integrity or privacy; or

      • 3 °. which is, or may be, threatening to society by its consequence.

    • c. to control the motions or other serious disorder, if there is a mandate of the competent authority and a closed-related action under the direction of a superior;

    • d. to rein in military insurable movements, other serious military disorder or mutiny if the military of the Royal Marechaussee in charge of the Minister of Defence or the district prosecutor in Arnhem are commissioned; with military cases in closed connection under the direction of a multiple operation.

  • 2 The use of the firearm in the cases, referred to in paragraph 1, under A and B , shall be permitted only against persons and means of transport in which or upon which persons are located.

  • 3 In the cases referred to in the first paragraph, A and B The amount of the firearm shall not be used if the identity of the person to be kept is known and it may reasonably be assumed that the delay in detention does not constitute an unacceptable danger to the legal order.


Article 8

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  • 1 The use of a firearm capable of automatic fire shall be permitted only against persons and means of transport in which or upon which persons are present, in a situation where there is an instantaneous condition, Unlawful assault of their own or otherwise body.

  • 2 A firearm capable of automatically issuing fire shall be carried out only for the purpose of training or for:

    • a. The conduct of a detention of a person from whom it is reasonable to assume that he has a firearm ready for immediate use and will use it against persons;

    • b. the surveillance and security of persons and objects.

  • 3 Possession of firearms with which automatic fire may be issued in the case of the case referred to in paragraph 2 (a) shall be authorised only after the written authorisation of the D.A. If, because of the required urgency, the consent cannot be requested or granted in writing, it may also be requested and granted orally. The consent given orally shall be confirmed in writing within twenty-four hours. The D.A. shall, as far as possible, give prior notice to the mayor concerned of the use of firearms which allow automatic fire to be issued.

  • 4 Possession of firearms capable of automatically issuing fire in the case of the type referred to in point (b) of the second paragraph shall be subject to written authorisation by the competent authority. If, because of the required urgency, the consent cannot be requested or granted in writing, it may also be requested and granted orally. The consent given orally shall be confirmed in writing within twenty-four hours.


Article 9

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  • 1 The use of a firearm capable of providing long-range fire-correction fire shall be permitted only in cases of very serious criminal offences for the use of direct danger to the life of persons.

  • 3 A firearm capable of issuing long-range fire-recovery fire shall be carried out only for the purpose of training or for the effective control of very serious crimes involving direct fire-recisable fire. life-threatening conditions.

  • 4 The use of a firearm capable of providing long distance recoil fire for the effective control of very serious crimes involving direct life threatening conditions is permitted only after the use of a firearm. the written authorisation of the competent authority. Conditions may be attached to the consent. If, because of the required urgency, the consent cannot be requested or granted in writing, it may also be requested and granted orally. The consent given orally shall be confirmed in writing within twenty-four hours.


Article 10

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  • 1 The official may take up only a firearm, other than a firearm with which automatic fire or long-distance recoil fire can be issued:

    • a. In cases where the use of a firearm is permitted; or

    • b. in relation to his or her safety or that of others, if it is reasonable to assume that a situation arises, in which he is competent to use a firearm.

  • (2) If a situation as referred to in paragraph 1 (b) does not occur or does not occur again, the official shall have the firearm at the time of the day.


Article 10a

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  • 1 The official warns immediately before being targeted with a firearm, other than a firearm that can be issued for long distance travel, will shoot, with loud voice or otherwise miswise that shot will be fired. if the given order is not to be followed without delay. This warning, which may be replaced by a warning shot if necessary, shall be omitted only if the conditions do not permit the warning.

  • 2 A warning shot shall be given in such a way as to avoid endangering persons or cases as far as possible.


§ 2a. Ammunition, non-penetrating

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Article 11

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The Articles 7 to 10a shall not apply to the use and use of a firearm loaded with ammunition that is not penetrating.


Article 11a

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The use of a firearm loaded with ammunition that is not penetrating shall be permitted only:

  • a. to hold a person in respect of whom it is reasonable to assume that he has a weapon ready for immediate use and will use it against persons; or

  • b. To hold a person who tries to evade or has taken out of his detention, arraignment, or other lawful deprivation of liberty.


Article 11b

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The official warns immediately before he will shoot with a firearm loaded with non-penetrating ammunition, with loud voice or any other miswise manner that will be fired, if not without delay the given order. shall be followed. This warning shall be omitted only if the conditions do not permit the warning.


Article 11c

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The Articles 11a and 11b shall apply mutatis mutandis if the non-penetrating ammunition is issued with a device other than a firearm.


§ 2b. Pepper spray

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Article 12a

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  • 1 The use of pepper spray is permitted only:

    • a. to hold a person in respect of whom it is reasonable to assume that he has a weapon ready for immediate use and will use it against a person;

    • b. to hold or have evaded a person who is seeking to evade or withdraw from detention, arraignment or other lawful deprivation of liberty;

    • c. In defense against or for the control of aggressive animals.

  • 2 Pepper Spray is not used against:

    • a. Persons who are more visibly younger than 12 or over 65;

    • b. Women who are visibly pregnant;

    • c. persons whose use may be disproportionately harmful as a result of a respiratory or other serious health impairment to the official;

    • d. Groups of persons.


Article 12b

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The official cautions immediately before he will use pepper spray against a person, loud or otherwise, that pepper spray will be used, if the command is not followed without delay. This warning shall be omitted if the conditions do not reasonably permit the warning.


Article 12c

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Pepper spray shall be used against a person per case at most twice for the duration of not more than one second and a distance of at least one metre.


§ 3. Other non-violent means

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Article 13

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  • 1 The use of CCS tear gas is permitted only:

    • a. In enclosed spaces for the arrest of a person if it is reasonable to assume that that person has a firearm ready for immediate use and shall use it against persons or other life-threatening violence against any person;

    • b. Otherwise than in enclosed spaces for the dissemination of retraining or pleanings constituting a serious and imminent threat to the safety of persons or to cases.

  • 2 The use of CCS tear gas shall be authorised only for the purposes of the superior authority obtained in advance of the prior consent.

  • 3 The multiple that commands the distribution of CS tear gas indicates the number of CS-tear gas shells used in this command.


Article 14

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The use of a water-thrower shall be permitted only in the case of the operation of the mobile unit, on the instructions of the superior authority and after obtaining the authority of the competent authority.


Article 15

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  • 1 The deployment of a police surveillance dog shall be permitted only under the direct and constant supervision of a conductor:

    • a. the surveillance service; and

    • (b) the action of the mobile unit, subject to the authorisation of the competent authority.

  • 2 The use of an AOE dog shall be permitted only under the direct and continuous supervision of a conductor when acting under an AOE or a assistance unit as referred to in the Agreement, following the authorisation of the competent authority. Article 59 of the Polition Act 2012 .


Article 16

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The use of an electric gun stick is only permitted as a defence against aggressive animals after the consent of the multiple.


§ 4. Violence Notification

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Article 17

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  • 1 The official who has used violence shall report the facts and circumstances in this regard, and the consequences thereof, without delay to the person concerned.

  • 2 The notification referred to in paragraph 1 shall be recorded by the superior on an appropriate basis for that purpose by Our Minister.

  • 3 The report referred to in paragraph 2 shall be notified by the police chief to the district attorney in the district in which the violence was used or by the Commander of the Court of Justice within 48 hours of the incident. Royal marechaussee of the District Attorney, Arnhem, in charge of military cases where military matters are concerned, if:

    • a. the consequences of the use of force to that effect according to the judgement of the police chief or the commander give rise,

    • b. The use of force has caused bodily injury of more than minor meaning, or has caused death; or

    • c. use is made of a firearm and with it one or more shots have been fired.


Article 18 [ Exp. by 31-08-2001]

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Article 19

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The superior shall inform the official as soon as possible of the handling of the notification. Interim information shall be supplied to the official on request.

Chapter 3. Safety errors

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Article 20

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  • 1 The investigation, referred to in Article 7, third paragraph, of the Polition Act 2012 It shall be carried out by the superficial scanning of clothing and shall be carried out as far as possible by an official of the same sex as the person who is subject to the investigation.


Article 21

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The official who is the subject of an investigation Article 7, third or fourth paragraph, of the Polition Act 2012 has performed, report this without delay in writing to the multiple, stating the reasons which led to this investigation.

Chapter 4. Handcuffs

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Article 22

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  • 1 The official shall be able to handcuff a person who has been legally deprived of his freedom for the purpose of carriage.

  • 2 The measure referred to in paragraph 1 may be taken only if the facts or circumstances so reasonably require for the purpose of endangering the purpose of escape, or in view of the danger to the safety or life of the person concerned. which has been deprived of his liberty, of the official or of third parties.

  • 3 The facts or circumstances referred to in paragraph 2 may only be located in:

    • a. The person who has been deprived of his freedom of law; or

    • (b) the nature of the offence under which the deprivation of liberty has taken place, in conjunction with the manner in which and the situation in which the transport takes place.


Article 23

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The official who has used handcuffs as intended Article 22, first paragraph , report this without delay in writing to the multiple, stating the reasons that led to the use of handcuffs.

Chapter 4a. Instrumentalities for the purpose of expulsion of aliens

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Article 23a

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  • 1 The official, at or under the official Aliens Act 2000 in charge of border surveillance or the supervision of aliens, a foreigner may, in the event of his expulsion, restrict his freedom of movement for the purposes of expulsion by aircraft for the benefit of expulsion, eviction.

  • 2 The measure referred to in paragraph 1 may be taken only if:

    • a. the facts or circumstances so reasonably require, for the purposes of danger to escape, or in view of the danger to the safety or life of the foreigner, of the official or of third parties, or to the risk of danger to a person who is not in danger of being exposed to the risk of a person's security or of the existence of a security or a risk of serious disturbance of public order; and

    • b. the application of the device cannot reasonably present a hazard to the health of the foreigner.

  • 3 If the official referred to in paragraph 1, under the guidance of an on-the-spot person present, is present, he shall not make use of any instrumentsfor the purposes of expulsion other than after the express charge of such multiple eviction. The multiple indicates which tool is being used.

  • 4 The use of an aid for expulsion shall be authorised only to an official who has been trained in the use of that device.


Article 23b

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  • 1 The official who has used a plan for expulsion in respect of an alien who is expelled from the State Article 23a, first paragraph , please notify the multiple thereof in writing without delay, indicating the nature of the device, the reasons which led to its use and the resulting consequences.

  • 2 The superior shall ensure registration of the notification referred to in the first paragraph.

Chapter 5. Assistance

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Article 24

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  • 1 The official shall ensure that persons with minor injuries, signs of illness and persons in doubt are at this point, pointing the way to a general practitioner or to an E.H.B.O department of a hospital. If necessary, the official shall provide mediation in the provision of appropriate transport.

  • 2 The official shall ensure that persons with serious injuries and conscious awareness, including persons who are unreadable or unapproachable, are transported by ambulance to the hospital. The nature and circumstances of the event leading to the disease situation, as well as the medical records and medicinal products found on the person, shall be made available to the emergency medical personnel.


Article 25

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  • 1 The official shall ensure, as far as possible, that persons who are immediately dangerous, either for public order, safety, or health, or for themselves, by alcohol use or by other causes are in the most appropriate way from public places as intended Article 1 of the Public manifestations Act , will be removed. 'Public places' means means of transport which are situated in these places, provided that they are not used as a dwelling.

  • 2 The official shall transfer the persons referred to in paragraph 1 to their own health care framework, in so far as circumstances permit. In the absence of reception conditions, they may be placed on the police or brigadier office elsewhere, by means of assistance, where this is necessary for their protection and does not take place against their will.

  • 3 For persons referred to in the first paragraph, who are known to be mentally disturbed or who appear mentally disturbed, the official shall warn the doctor, after being tried, if possible, to seek contact with their own general practitioner.

Chapter 6. Measures to be taken against inlet

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§ 1. General

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Article 26

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  • 1 The basket shall be provided in order to ensure that the ingesis at least has the following:

    • a. Sleeping period,

    • b. eating and drinking in accordance with medical and philosophical or religious requirements;

    • c. plumbing,

    • d. the necessary medical care and

    • e. information on the course of events in the police complex.

  • 2 Unless the police complex has no air space, the basket shall ensure that the ingeslotene is relieved twice a day.

  • 3 In connection with paragraph 1 (d), the basket chief shall arrange for a scheme with doctors to be insured for the medical care of the persons who are ingested.

  • 4 Taking into account the provisions of the law or by virtue of the law, the bream shall arrange for a system of smoking, relaxation, telephone and the receipt of a visit from the ingeslotene.

  • 5 In the case of ministerial regulations, rules are laid down on the establishment of a police complex.

  • 6 In the case of ministerial arrangements, information on the entry of persons registered by the official shall be determined.

  • 7 In the event of death or attempt to self-extinguate an inlet, the Chief Minister shall ensure that the Ministry of Public Prosecution is informed without delay.

  • 8 The official shall act in respect of the entry into service in accordance with or pursuant to this Article.


Article 27

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  • 1 In so far as it is at or under the Code of Criminal Procedure The official shall, as soon as possible, inform a relative or a member of the family of an inversion of the containment. In the case of the underage of the underage, he shall do so on his own initiative, if the ingesis age of majority, he shall do so only at the request of the ingeslotene.

  • 2 If the circumstances do not allow the execution of the first member in an entry which is not a resident, the embassy or consulate of the country in which the ingeslotene resident is resident shall be informed of the containment.


§ 2. In the custody of clothing and articles

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Article 28

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  • 1 The official shall examine the inorder immediately prior to the containment, by scanning and searching his clothing for the presence of objects which, during the containment, are liable to endanger the safety of the person concerned or to others. can form.

  • 2 In the case of articles referred to in paragraph 1, the official shall take them into custody.

  • 3 As far as possible, the examination referred to in paragraph 1 shall be carried out by an official of the same sex as the person who is subject to the investigation.


Article 29

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  • 1 The official shall be able to require that such entry be taken from the inlet only if:

    • a. The clothing during the containment may constitute a hazard to the safety of the person concerned or of others and has given the consent of a judicial prosecutor;

    • b. The clothing during the containment, in the opinion of the physician, may constitute a hazard to the health of the person concerned or of others.

  • 2 The official shall take the clothing, as referred to in the first paragraph, in custody and shall take care of replacement clothing.


Article 30

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  • 1 The official who is the subject of an investigation Article 28, first paragraph , has carried out, makes this report without delay in writing for the benefit of the multiple.

  • 2 The official draws accurately all the items and items of clothing he has taken into custody. In the case of low-size objects and value, they shall be sufficient to indicate a global indication.

  • 3 A copy of the note, referred to in paragraph 2, shall be signed by the letter and the official shall be signed and handed over to the entry in the notice.


§ 3. Permanent camera observation

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Article 31

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  • 1 The official may subject the entry to permanent camera observation after the authorisation of the relief officer of the judiciary.

  • 2 The measure referred to in paragraph 1 shall be admissible only in cases where there is a risk of danger to the life or safety of the person concerned that the use of continuous control for the use of that risk is necessary.

  • 3 The official shall inform the person concerned of the permanent camera observation and shall make endorsement of the permanent camera observation.


§ 4. Medical assistance

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Article 32

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  • 1 In case there is evidence of a need for a medicinal product to receive a medical assistance or if it is found in this person, the official shall transfer with the doctor. The official shall also submit to the doctor if the person concerned requests medical or medical assistance.

  • 2 In the case of medical assistance of his own doctor, the official shall inform the doctor of the notice.

  • 3 In the case of the ingeslotene indicated that it does not wish to have medical assistance, while there is evidence that medical assistance is desirable, the official warns the doctor and informs them of the attitude of the ingeslotene.


Article 33

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The official may not impose restrictions on the doctor in the course of the investigation and treatment. He shall follow the instructions given by the doctor on the health care of the ingeslotene and record the instructions given by the doctor.


Article 34

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  • 1 The official shall regularly check the inorder, subject to the following conditions:

    • a. In case the doctor has been warned, the ingeslotene is observed in the cell at least every quarter of an hour;

    • b. in the case of medical assistance, the intake is so often observed as prescribed by the doctor;

    • c. In case no medical assistance is deemed necessary, the ingeslotene shall be observed once every two hours.

  • 2 In the cases referred to in the first paragraph, A and B , observe the official in the cell and the person, with particular reference to the degree to which the ingeslotene is extensible and approachable. Persons who are in a situation where they are not readable or approachable shall be transported by ambulance to a hospital immediately.

  • 3 The official records the observations referred to in the first paragraph.


Article 35

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In the event of a transfer of the entry into service, the official shall give the medicinal products, the registrations, as provided for in the Article 26, second paragraph , 33 and 34, third member , to the extent that they may be of interest, and to the physician ' s reporting, which is intended for a doctor who will take over the treatment.


§ 5. Release

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Article 36

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The official shall ensure that in the release of a person who is unable to move himself, transport and guidance is available to that person.

Chapter 6a. Official of a special investigation service

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Article 36a

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  • For the purposes of the first paragraph, the following definitions shall apply:

    • (a) competent authority shall mean the D.A.;

    • (b) the multiple: the official of a special investigation service assigned to the charge by his office or having command of the performance of the task;

    • c. Violence: the weapons and equipment, by which violence can be exercised, which is Article 3a of the Arms and Ammunition Act are allowed.


Article 36b

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In exercising his service, the official of a special investigation service shall use exclusively the means of violence or handcuffs prescribed by our Minister of Justice.

Chapter 7. Special investigation officer

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Article 37

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Article 38

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The special investigation officer responsible for the use of a firearm or handcuffed shall make use of his service exclusively by means of violence or handcuffs prescribed by Our Minister.


Article 39

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The Special Investigation Officer shall not previously have jurisdiction in the exercise of the Article 7, first and third paragraph, of the Polition Act 2012 such powers shall be subject to the certificate of swearing-in and have been shown by its competence in the exercise of such powers.

Chapter 8. Final provisions

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Article 39a

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This Decision is based on Article 7, seventh paragraph , and Article 9 of the Polition Act 2012 and Article 6 (5) of the Special Investigation Services Act (Wet op de Specific Discovery Services) .


Article 40

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This Decision shall enter into force from the day on which the Police Act 1993 enters into force.


Article 41

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This decision is cited as: the law of the law of the police, the Royal Marechaussee and other investigating officers.

Burden and order that this Decision, together with a note of explanatory note to the State Sheet will be placed.

-The Hague, 8 April 1994

Beatrix

The Minister of Justice,

E. M. H. Hirsch Ballin

The Minister of the Interior,

E. of Thijn

Published on the 21st April 1994

The Minister of Justice,

E. M. H. Hirsch Ballin