Need lawyer 'police brutality'?
Are police allowed to use force in arrest?
The police may use force in a arrest if it is necessary and proportionate. According to the Police Data Act and Officer's Instruction, officers may use force if there is no other way to apprehend a suspect, maintain public order, or protect themselves or others.
The force must always be proportionate to the situation; this means that the least intrusive means must be used to achieve the goal. Stricter rules apply to the use of firearms, which are allowed only in life-threatening situations or serious crimes. Any use of force by the police can be reviewed afterwards.
The attorney plays a major role in the review of police brutality. It is important to have any injuries assessed and recorded by a doctor as soon as possible. At a hearing, police brutality can be raised by an attorney. Police brutality can lead to a reduction in sentence if one or more offenses are proven.
What are the principles of proportionality and subsidiarity?
Police force must meet the requirements of proportionality and subsidiarity, two crucial principles that regulate and justify police use of force.
Proportionality principle
The principle of proportionality means that the degree of police force used must be proportional to the seriousness of the situation. This means that the police should use only those means that are appropriate and necessary to control or de-escalate the situation. The goal is to use no more force than is strictly necessary. For example, for a relatively minor offense, the police will use mild means, such as verbal instructions or mild coercion. Only in more serious situations, such as threats or violent attacks, are heavier forms of force justified, such as the use of pepper spray or firearms.
Subsidiarity principle
The principle of subsidiarity requires the police to resort to force only after all other available and less intrusive means have already been used or tried. This means that the police must first try to manage the situation by other means, such as by issuing a warning, negotiating or using less coercive measures. Violence is thus always a last resort, applied only when no other effective options remain to control the situation or prevent danger.
Observing these principles limits the use of police force to what is necessary and justified, preventing excessive force and protecting the rights of individuals.
File complaint after police brutality
If you have experienced police brutality and believe it was unlawful, it is important to know that you can file a complaint. Filing a complaint is a step you can take if you do not want to face criminal charges, but would like your experience to be investigated and acknowledged.
You can file your complaint with the police themselves, both by stopping by the police station and through the police website. Here you can tell your story and state why you think the violence was unlawful. You can also file a complaint with the National Ombudsman, an independent organization that investigates complaints about government agencies, including the police. The ombudsman will thoroughly investigate your complaint and may make recommendations to rectify the situation.
Consulting an attorney in this regard may be wise. An attorney can advise you on the proper steps to take, help draft your complaint and ensure that your rights are protected. In addition, an attorney can guide you through the process and support you in any further legal action, should it be necessary. By hiring an attorney, you increase the chances of your complaint being handled carefully and obtaining justice.
Can I report police brutality?
If you have experienced police brutality and wish to pursue criminal charges against the officers involved, it is possible to declaration to make. This is a formal report to the police stating that you have been the victim of a crime. After doing declaration your case will be referred to the district attorney, who will then make the decision as to whether there is sufficient cause to initiate a criminal investigation against the agent(s) involved.
In making this decision, the prosecutor will consider several factors, such as the severity of the police brutality, the available evidence and any statements from witnesses. However, if the prosecutor decides not to initiate a criminal investigation and therefore not to prosecute, this can be very disappointing and frustrating for you as a victim.
What is an Article 12 Sv procedure?
In such a case, you are entitled to a article 12 Sv procedure start. This is a procedure in which you request the court to force the Public Prosecutor's Office (OM) to still start a criminal investigation and possibly prosecute. This procedure gives you the opportunity to have a judicial review of the Prosecutor's decision not to prosecute. The court will review your request and may order the prosecutor to still initiate a criminal investigation if it believes it is warranted.
Starting a article 12 Sv procedure can be a complex and emotionally charged process. Therefore, it is highly recommended that you seek legal assistance. An experienced attorney can guide you through the process, help you file the necessary documents, and ensure that your rights and best interests are represented. By hiring an attorney, you increase the chances that your request will be taken seriously and that a thorough investigation will be conducted into the police brutality you experienced.
Need a lawyer after police brutality?
If you have questions about how to proceed after the police have used force, please feel free to contact our office. You can send an email to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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