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Decision of 11 November 1994 laying down rules for the implementation of Article 142 (4) of the Code of Criminal Procedure relating to the competence and reliability, swearing-in and instruction of, and supervision of, exceptional Investigation officials, the territory subject to the investigation, the termination of the investigation authority and any other subject matter
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On a proposal from Our Minister of Justice of 22 April 1994, Staff Section Public Law, No 436121/94/6
Having regard to Article 142 of the Code of Criminal Procedure , Article 17, third paragraph , Economic Crimes Act, and Article 3, Chapter 2, Section 1 of the Act on the Law of the Law of the General Court, 1993 ;
Heard the Council of State (opinion of 30 August 1994, number W03.94.0246);
Having regard to the further report by Our Minister of Justice of 28 October 1994, Staff Section, Public Law, No 461681/94/6
Have found good and understand:
1 In this Decision, the following definitions shall apply:
a. Our Minister: Our Minister of Security and Justice;
(b) The title of criminal investigation authority: the title of criminal investigation authority, intended to Article 3 ;
(c) Act of investigation of investigations: the act of criminal investigation, intended to be carried out in Article 142, First paragraph, point (a) of the Code of Criminal Procedure ;
Designation: the designation of the designation Article 142, First paragraph, point (b) of the Code of Criminal Procedure ;
e. additional investigation authority: the additional investigation authority, Article 142, third paragraph, of the Code of Criminal Procedure ;
f. the act of swearing-in: the deed of swearing-in, intended in Article 19, first paragraph ;
g. police powers: the powers specified in Article 7, first and third paragraph, of the Polition Act 2012 ;
h. Employer: the employer of the Extraordinary Investigation Officer;
(i) proof of competence: a certificate of the results of the examination approved by Our Minister;
j. credential: a proof as intended to be used in Article 26 of this Decision;
k. insigne: the distinguishing sign, intended in Article 26a, first paragraph .
The position shall be deemed to be a place of employment within the meaning of this Decision:
(a) if the investigating officer is responsible for carrying out his duties in an area in which the police task is carried out by several regional units of the police, or in the country as a whole: the place of residence of the employer;
(b) if the Special Investigation Officer is competent to carry out his duties in the area in which a single regional unit of police forces the police task:
1. the municipality where the main work is carried out, or
2 °. an elected municipality from the municipalities in which he operates.
3 In this Decision, the College of Attorney General shall mean the College of Propany-General, as referred to in Article 3 (1). Article 130 of the Law of the Judiciary .
4 In this Decision, the following definitions shall apply:
a. Supervisor: the Chief Prosecutor of the Court of Justice, referred to in Article 36, second paragraph ;
b. direct supervisor: the person who is responsible for the Article 36, third paragraph , as a direct supervisor.
The (direct) supervisor is not a supervisor intended in Article 5:11 of the General Administrative Law .
The special investigation officer with the following information:
a. A title of criminal investigation authority;
b. the competence and reliability of the exercise of detection powers; and
c. an instrument of swearing-in,
shall be empowered to exercise the powers of investigation in the territory of the territory of the Member State in respect of the facts of the act referred to in that Act and of the form of official record of that act as referred to in Article 1 (2) of the Treaty. Article 152 Code of Criminal Procedure .
The title of criminal investigation authority is the legal basis for the identification of the special investigation officer, intended to be used in the Article 142, first paragraph, points a, b or c , then Article 142, third paragraph, of the Code of Criminal Procedure . The title, referred to in Article 142, first paragraph, points (a) and (b) , and the additional powers on the basis of Article 142, third paragraph, of the Code of Criminal Procedure shall be granted in accordance with this Chapter.
1 A certificate of investigation is granted, a designation is given, or an additional investigation authority is granted, where such an investigation is necessary for the performance of the function of the person concerned. a person or service in which he is employed, and appeals to the police for the exercise of detection powers, is not possible or is not desirable.
2 An act of investigation and the additional investigation authority shall be valid for a maximum period of five years from the date on which the certificate of sworn certificate was issued. The period of validity may be extended for a maximum period of five years.
3 The designation and the category of additional investigative powers conferred on them for the duration of no more than five years shall apply from the date of entry into force of the Decision. The period of validity may be extended for a maximum period of five years.
An application for the provision of an act of investigating authority, designation, or the granting of additional investigative powers shall in any event contain the following information:
a. An indication of the facts for which an application for an investigation is requested;
(b) an indication of the territory for which the investigation is to be applied.
1 An application for renewal or amendment of an act of investigation, the appointment and the additional investigation authority shall be filed no later than three months before the expiry of the period of validity.
2 Our Minister may, of its own motion, amend or replace the instrument of criminal investigation authority, the designation and the supplementary investigating authority.
3 If our Minister, by decision, renews, amends or replaces the instrument of criminal investigation authority, designation or additional investigative authority, he shall apply the documents of the swearing-in of the officers concerned so as to be so soon as possible. Until such time as the adjustment has taken place, the instrument of sworn in shall be deemed to be based on the new decision.
Each application under this Chapter shall be decided as soon as possible, in any event within three months of the receipt of the application.
1 An act of investigation, designation and additional investigative powers shall be revoked upon application by the employer or if the need, intended to be carried out in accordance with the provisions of the Article 4, first paragraph No more there.
(2) The revocation, referred to in paragraph 1, shall be effected by the person who has granted the act of investigation authority or the additional investigation authority, or has issued the designation.
1 The employer shall lodge an application for the provision of the certificate of investigation with our Minister.
2 Our Minister consults, in any event, on the application for a category or unit the College of Prosecutors General and Our Ministers, who is in the competition.
3 The application contains, in addition to the in Article 5 the following data, the following information:
a. name, surname, place of residence and date of birth and place of birth of the person for whom the application is made to an extraordinary investigation officer;
b. A description of its function and place of employment.
4 Upon application, a proof of competence of the relevant person shall be attached. Where the application relates to the renewal or amendment of the Act of Investigation, a certificate of sworn affidavit shall be attached.
Our Minister grants the Act of Investigation, which lists the territory and the criminal offences for which it is subject to criminal investigation.
1 The Chief Prosecutor of Justice may apply for the provision of the Act of APB to one or more persons for the duration of an investigation conducted under the guidance of a prosecutor who has until his parquet. belongs.
2 Our Minister shall decide on the application and shall forward a copy of his decision to the direct supervisor.
3 Our Minister may waive a waiver as referred to in Article 16, third paragraph , to be granted if the person to be appointed has sufficient competence.
4 When the act of investigation referred to in paragraph 1 is granted, the appointment of the supervisor and the direct supervisor may be omitted. In that case, it is stated in Chapter 6 , with the exception of Article 35 Not applicable to the special investigation officer concerned.
1 The employer shall submit an application for designation of categories or units as referred to in Article 3 (1). Article 142, first paragraph, point B Of the Code of Criminal Procedure To our minister.
2 The application contains, in addition to the in Article 5 the following data, the following information:
a. a description of the category or unit within the organisation and of the functions, the scope of which must be part of the investigation, and
b. An indication of the highest number of persons to be able to be assigned to those functions.
3 The provisions of Article 9, second paragraph , shall apply mutatis mutandis.
The decision shall indicate the highest number of persons who may be sworn in as an extraordinary investigation officer on the basis of the designation. A copy of the decision shall be sent to the Board of Attorney-General.
1 The employer is required to apply for an additional investigation in the form of an investigation Article 142, third paragraph, of the Code of Criminal Procedure To our minister.
2 The application for the purpose of the category or unit contains, in addition to the Article 5 the following data, the following information:
a. a description of the category or unit within the organisation and of the functions, the scope of which must be part of the investigation, and
b. An indication of the highest number of persons to be able to be assigned to those functions.
3 The provisions of Article 9, second paragraph , shall apply mutatis mutandis.
1 A person shall have the competence for the exercise of investigative powers if he possesses the basic knowledge and skills established for that purpose. The ability appears to have come out of the results of an examination that our Minister has agreed to.
2 Our Minister may impose additional competence requirements in respect of categories of special investigation officers. In doing so, our Minister shall determine whether the fulfilment of such requirements proves to have been taken by the results of an examination by which he has consented or have gone through the results of a training programme which he has approved. The training program can be completed after the swearing-in.
3 The completion of the examinations referred to in paragraphs 1 and 2, and of the completion of the programme referred to in paragraph 2, may be waived if the competence for the exercise of the examinations provided for in the second paragraph has been completed. Criminal investigation powers are shown in different ways. In granting a derogation, instructions and requirements may be laid down to ensure an adequate level of competence for the exercise of investigative powers.
1 A person has the reliability of the exercise of investigative powers, if he is of an undiscussed behaviour.
2 Our Minister decides whether a person is reliable for the exercise of the investigative powers.
1 Our Minister swedes the person, meant in Article 2 -to an extraordinary investigation officer.
2 The employer shall lodge an application for the swearing-in of a special investigation officer with our Minister and provide proof of the title of the applicant and a proof of the competence of the person to be sworn in.
3 The application, referred to in Article 9, first paragraph , it is also deemed to be an application for swearing-in.
4 The swearing-in shall be carried out in order to identify the facts to which a person is competent as a result of the title of criminal investigation, in the territory for which the investigation is to be held.
5 If it has been found that the person referred to in paragraph 1 fulfils the conditions for sworn in office, he shall be sworn in within 12 weeks of receipt of the application.
1 Our Minister shall make a certificate of swearing-in for the purpose of swearing-in. In doing so, a model established by Our Minister is used.
2 In each case, the act of swearing-in shall contain the facts of which the person concerned is sworn in and the territory for which the investigation is to be carried out. The territory in question shall be determined by the area where the person concerned performs his duties in connection with which he is sworn in as a special investigation officer.
3 If the Special Investigation Officer has the power to exercise police powers or to carry out acts of violence, as referred to in Article 4 (2), Article 37, third member, of the Crafts instruction for the police, the Royal Marechaussee and other investigating officers , to be used, note shall be made on the note.
1 Our Minister shall take the oath, statement or promise of purification from the person to be sworn in, and an oath of office or office of office, as laid down in Annex A Let's go. The minutes of the deposit of the oaths, statement and promises shall be added to the instrument of swearing-in and shall be part of that date.
2 Upon publication or to be sworn in, the Special Investigation Officer, the Certificate of Oath, the Certificate of Credential, receives the text of Chapter 5 and, to the extent that it applies to it, a copy of the Office instruction for the police, the Royal Marechaussee and other investigating officers .
3 Our Minister shall send a copy of the certificate of swearing-in to the supervisor and to the supervisor.
1 Our Minister may have the power to make members of the members, statements and promises in question: Article 20, first paragraph , give a mandate to the supervisory authority or, if the person concerned belongs to a service under one of our Ministers responsible for it, to the head of that service. In such a case, our Minister shall forward the certificate of oath he made to the direct supervisor or the head of service.
2 The direct supervisor or the head of the service in whose hands the deafing of the oaths, declarations and promises has taken place, makes the statement minutes and adds that to the deed of swearing-in. At the end of the swearing-in the Special Investigation Officer will receive the Article 20, second paragraph The documents referred to and shall be communicated to our Minister.
1 When the title of investigation authority is amended, the list of the facts to which the special investigation officer has jurisdiction as a result of its title, the place of employment or the territory in respect of which the investigation is to be applied need to be members, declarations and promises not to be reissued if the deed of swearing-in in accordance with Article 23 has been modified.
2 In the cases referred to in paragraph 1, the cast members, statements or promises made shall be deemed to have been made for the detection of the facts in the territory mentioned in the amended certificate of swearing-in.
1 An application for amendment of the instrument of swearing-in shall be filed with Our Minister. This application shall be submitted to the deed.
2 Our Minister, shall adjust the deed of swearing-in if the application relates to a change of:
a. the title of criminal investigation authority or the enumeration of the facts to which the special investigation officer has jurisdiction under that title, in accordance with the title or enumeration amended by or by virtue of the law;
b. the place of employment;
(c) the territory for which the investigation is to be carried out if it has been found to be necessary for that purpose.
1 The oath shall expire as soon as the investigation authority has expired.
2 Following the expiration of the oath, the Special Investigation Officer shall send his certificate of swearing-in and his/her credentials to Our Minister.
1 The special investigation officer shall limit the investigating acts to which he is competent, to what is necessary for the proper performance of the duties in relation to which he has been sworn in as a special investigation officer. He shall abstain from any action to which he is not competent.
2 The special investigation officer shall act in the exercise of its investigative powers in accordance with rules laid down in or pursuant to the law.
3 If he is competent to exercise police powers, he shall behave in accordance with Article 7, first, second, third and fifth members, of the Police Act 2012 and the provisions applicable to it from the Office instruction for the police, the Royal Marechaussee and other investigating officers .
1 In carrying out its duties, the Special Investigation Officer shall carry out a certificate of identification, the model of which has been established by Our Minister.
2 Our Minister may designate persons or categories of persons who are empowered to carry out a certificate of identification that deviates from the model provided for in paragraph 1.
3 Without prejudice Article 1 (1), first and second paragraph, of the General Act on entering The Special Investigation Officer shall demonstrate his/her identification at the request of a certificate of identification.
1 In case of a special investigation officer wearing a uniform or an occupational wear, the uniform or commercial clothing shall be marked in a clearly visible place by an insignia, the model of which shall be determined by our Minister.
2 The first paragraph shall not apply to the uniform of a special investigation officer working in the police, the Royal Marechaussee or the Tax Office/Customs.
In the minutes of the investigation or in any other written reporting of the exercise of powers, the Special Investigation Officer shall indicate his place of employment and the number of his certificate of swearing-in.
The special investigation officer shall, in the course of the search, follow the instructions provided by, or on behalf of, the competent authority Article 148 of the Code of Criminal Procedure , instructions given, unless: Article 80, fourth paragraph, of the General Law on State Taxation or Article 203 of the Law on Customs is applicable. He shall provide the competent authority with the information requested.
1 The special investigation officer shall follow the action of the person concerned in the exercise of the police powers, whether by or on behalf of the superior Article 37, third member, of the Crafts instruction for the police, the Royal Marechaussee and other investigating officers , given directions.
2 He shall provide the information requested in the first paragraph of the first paragraph.
1 The special investigation officer shall follow the instructions of the supervisor and the direct supervisor who have been given with the police for good cooperation, unless otherwise provided by law.
2 He shall provide them with the information requested and shall forthwith inform them of a proposed change to his place of employment, his position and his employer.
1 The Special Investigation Officer shall ensure that he continues to have competence and reliability for the exercise of investigative powers. He shall cooperate in the regular review of the competence and shall follow in cases to be determined by our Minister a further training programme which has approved it.
2 The special investigation officer shall attend meetings designated by the direct supervisor, instructing instruction in matters relating to the exercise of investigative powers.
3 Where the exercise of police powers includes the use of certain means of violence, as referred to in Article 37, third member, of the Crafts instruction for the police, the Royal Marechaussee and other investigating officers , includes, exerts a special investigation officer by means of such resources.
1 Our Minister is responsible for supervising the special investigation officer with regard to his title of criminal investigation and his ability and reliability in the exercise of investigative powers.
2 At least every five years or at least the date specified for this purpose on the certificate of sworn affidavit states that our Minister must determine whether the title of criminal investigation authority and the competence and reliability of the exercise of Investigations are still in place, and whether the service or the function of the special investigation officer has remained unchanged and the detection of criminal offences is still part of its function. For that purpose, our Minister may request information from the College of Prosecutors and other persons concerned.
3 Our Minister determines whether it is still present of the competence shown by having taken good results from the in Article 16, first and second paragraphs -examination of the examination referred to in Article 16, second paragraph, or Article 31, first paragraph That is the programme. Article 16, third paragraph, shall apply mutatis mutandis.
1 In order to determine the competence for the exercise of investigative powers, the employer shall, within four weeks at the request of our Minister, present the evidence of the competence of a special investigation officer. Our Minister can grant a postponement of the aforementioned period.
2 Where no evidence of the competence of the persons concerned has been provided within the time limit set, such competence shall be deemed no longer to be present.
1 Where it has been established that a title of investigation authority, reliability and competence are still present, note shall be made on the act of swearing-in. A new date for the periodic review of the instrument of swearing-in shall also be indicated.
2 The decision to establish that a valid title of detection is missing shall be made available to the special investigation officer, his employer, the supervisor and the direct supervisor.
1 The investigation authority shall expire from the day following the date on which it is established.
a. The title of investigation authority expires or amends, unless the deed of swearing-in has been modified as intended in Article 23, second paragraph, point (a) ;
(b) it has been established that the competence or reliability of the performance of detection powers is no longer available;
(c) has been established that the employment relationship with the employer has been terminated, or that the detection of criminal offences does not form part of the function of the person concerned;
d. Our Minister has ended the criminal investigation of the person concerned.
2 Our Minister may terminate the investigating authority of an investigation officer.
a. on an application for that purpose from the employer or of the relevant special investigation officer;
(b) if the Extraordinary Investigation Officer is abusing his powers;
(c) if the Extraordinary Investigation Officer fails to comply with the instructions of the competent authority, the supervisor and the direct supervisor;
d. if the Special Investigation Officer has acted contrary to any other provision to, or pursuant to, this Decision or to the extent to which it applies, the Office instruction for the police, the Royal Marechaussee and other investigating officers .
3 Our Minister may suspend the investigating authority of an investigation officer for the duration of the investigation into the second paragraph, including: B to: Ed These are the acts mentioned.
1 In the award of an APB, or at the time of the swearing-in, our Minister shall designate a supervisor and a direct supervisor.
2 As a supervisor, a chief officer of justice shall be appointed.
3 As a direct supervisor, it shall be designated:
a. if the territory, intended to be used in the Article 5 (b) , is located within the area in which a regional unit of police conducts police task: the basket head, intended in Article 27 of the Polition Act 2012 ;
b. if the territory, intended to be used in the Article 5 (b) , is greater than the area in which a regional police force carries out the police task: the basket head, or the head of a national central government,
c. if the Special Investigation Officer is employed by the Armed Forces: the Commander of the Royal Marechaussee, referred to in Article 4, third paragraph, of the Polition Act 2012 .
The supervisor shall ensure that the special investigation officer carries out his task in the search for proper and proper exercise of the investigative powers and the police powers. He also sees a good cooperation with the police.
1 The direct supervisor shall ensure that the special investigation officer is responsible for the Chapter 5 comply. He also exercises the day-to-day supervision of the proper exercise of powers and good cooperation with the police.
2 The direct supervisor shall ensure that the employer is responsible for the instruction of the special investigation officer, unless the rules are in accordance with the requirements of the Article 16, third paragraph , another person has been appointed.
3 The direct supervisor shall provide the supervisor with the information requested and shall also submit unsolicits of what may be relevant for the purposes of supervision.
1 The supervisor and the direct supervisor shall consult regularly on the functioning of the special investigation officers. They may invite the employer to do so.
2 They may consult the competent authority, several or other concerned on the exercise of powers of special investigation officers.
3 They will provide our Minister and the College of Prosecutors with the information needed on the Special Investigation Officers.
1 The employer shall provide the supervisor and the direct supervisor with all the information they require in respect of the special investigation officers employed in his/her department.
2 Our Minister may provide that the employer, to whom he Article 142, first paragraph, point (b) and third paragraph, of the Code of Criminal Procedure has provided a category of a category, annual report or other information to be determined by it.
3 Our Minister may require the system to be used by the employer or a category of employers for recording and providing the information referred to in paragraph 1 and of operational information obtained in the system. (i) the task execution of the special investigation officer.
1 The employer shall immediately send a copy of a complaint concerning the action of a special investigation officer concerning the exercise of his powers as a special investigation officer to the supervisor and to the direct supervisor.
2 In dealing with the complaint, the employer shall respect the supervisor's assessment of the lawfulness and fairness of the exercise of those powers.
1 Our Minister shall keep a record of the special investigation officers who have been sworn in by him. He shall record the information given on the certificate of swearing-in as well as any changes made to the instrument of swearing-in of the certificate.
2 Our Minister shall keep the documents relating to the Special Investigation Officers.
3 Our Minister, if necessary, shall provide information on the Special Investigation Officers to the College of Profters General.
1 If designated as a supervisor before 1 January 2013, the chief officer of the justice of the district label referred to in the left-hand column shall be designated as supervisor by the chief prosecutor of the in case of the Arrondissementsparket referred to in the right-hand column.
| Alkmaar |
North Holland |
| Almelo |
East Netherlands |
| Amsterdam |
Amsterdam |
| Arnhem |
East Netherlands |
| Axles |
Northern Netherlands |
| Breda |
Zeeland-West-Brabant |
| Dordrecht |
Rotterdam |
| ' s-Gravenhage |
The Hague |
| Groningen |
Northern Netherlands |
| Haarlem |
North Holland |
| ' s-Hertogenbosch |
East Brabant |
| Leeuwarden |
Northern Netherlands |
| Maastricht |
Limburg |
| Middelburg |
Zeeland-West-Brabant |
| Rudder mouth |
Limburg |
| Rotterdam |
Rotterdam |
| Utrecht |
Central Netherlands |
| Zutphen |
East Netherlands |
| Zwolle-Lelystad |
East Netherlands |
2 By way of derogation from the first paragraph, as a supervisor, from 1 January 2013, the Chief Prosecutor of the Central Netherlands District Court of Justice, if designated as a supervisor before 1 January 2013, shall be designated as the head officer of the District Court. Justice of the district of Zwolle-Lelystad and the territory, referred to in Article 5 (b) , is located within the limits of the Flevoland Police Region as referred to in the Annex to the Police Act 1993, as this law was worded before 1 January 2013.
3 By way of derogation from the first paragraph, as a supervisor, from 1 January 2013, the Head Officer of the Court of Justice of the Central Netherlands District Court, if designated as a supervisor before 1 January 2013, shall be appointed Supervisor of the Central Netherlands. The justice of the Amsterdam and the area of the district, intended to be carried out in the Article 5 (5) , is located within the borders of the police region Throw and Vechtstreek as listed in the Annex to the Police Act 1993, as this law was worded before 1 January 2013.
If before 1 January 2013 as a direct supervisor is designated the basket head of a police force referred to in the table as intended Article 4 of the Polition Act 1993 As this law was used for 1 January 2013, as from 1 January 2013 as a direct supervisor, the basket chief, intended to be used in the Article 27 of the Polition Act 2012 .
| Amsterdam-Amstelland |
| Brabant-North |
| Brabant South East |
| Drenthe |
| Flevoland |
| Fryslân |
| Gelderland-Middle |
| Gelderland-South |
| Throw and Vechtstreek |
| Groningen |
| Haaglands |
| Hollands Middle |
| Iron and steel |
| Kennemerland |
| Limburg-North |
| Limburg-South |
| Central and West Brabant |
| North Holland-North |
| Northern and Eastern Gelderland |
| Rotterdam-Rijnmond |
| Twente |
| Utrecht |
| Zaanstreek-Waterland |
| Zealand |
| South Holland-South |
| Police and National Police Services |
This Decision shall enter into force from the first day after the date of issue of the State Sheet in which it is placed, and works it back up to and including April 1, 1994.
This decision is cited as: Decision of a Special Investigation Officer.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 11 November 1994
Beatrix
The Minister of Justice,
W. Sorgdrager
Published on 6 December 1994The Minister of Justice,
W. Sorgdrager
Upon acceptance of the designation to a special investigation officer, the person concerned shall issue the following members (declarations and promises):
1. The oath (declaration and promise) of purification:
" I swear (declare) that I have given or promised to anyone, in any form, or immediately, in whatever form, to obtain my appointment or swearing-in as an extraordinary investigative officer.
I swear (Promise), that to do or leave something in my regard as an extraordinary investigative officer, no one, medic, or immediate, will assume any promises or gifts.
So help me God almighty (I promise that and I promise)! "
2. The oath of office or office of office:
" I swear (Promise) faithfully to the King, to the Constitution and to the laws of our country.
I swear (promise) that I will honour and enforce the regulations and regulations issued under the law that I will faithfully and scrupulously carry out the assignments I have given to me and the matters of which I am aware by my office. who have been entrusted to me as a secret, or of which I have to understand the confidential nature, will not reveal to others than to them, to whom I am obliged, according to the law or of its own motion, to be communicated.
I swear (promise) that I will behave like a good intelligence officer, that I will be careful, ungrateful and trustworthy, and that I will not do anything that will harm the office.
So help me God almighty (I promise)! "
