Criminal law and police. When was there Dutch Criminal Law? How is our criminal law based on the Punal Code? Who is responsible for ensuring compliance with criminal law and who are the investigative officers? What are the tasks and duties of the police? What is the difference between State Police and Municipal Police? What is the task of the Military Police, the position of the Mayor and the Ministry of Justice? Criminal law and criminal legislation that concerns police tasks can be found in this article.
Criminal law and police
The Criminal Law & Police series consists of three articles. This first part specifically discusses the tasks and duties of the Police. Criminal Law & Police 2 – Violation of the law, deals with what happens after a violation of the law or the role of the police in this. And in the third article Criminal Law & Police – Interrogation Report, the interrogation, signing the report and the arraignment are discussed in more detail.
Criminal law – Brief history
Criminal Code Punal. Dutch criminal law has been significantly influenced by Napoleon’s legislation, the so-called Code Punal. This code is based on the principles of the French Revolution: Liberty, Equality and Fraternity. Even after 1813, the year in which the Dutch annexation to France ended, this code remained in force until 1838.
Criminal Code. It was not until 1886 that there was a completely Dutch Criminal Code. However, the Criminal Code is not the only law on the basis of which the judge can punish violations and crimes. The possibility of criminal law has been included in a large number of laws in various social areas, describing criminal offenses and imposed sanctions, such as:
- WVW (Roads and Traffic Act), in particular article 26: driving under the influence
- WED (Economic Offenses Act)
- AMvB (General Administrative Measures), a Ministerial Regulation
- APV (General Police Regulation), which can be imposed by any municipal council
Checking compliance with Laws
Checking compliance with laws. The police initially check compliance with criminal law. Other investigating officers include:
- Customs (and Military Police, see below)
- Tax authorities officials
- Officials of various Ministries
The latter concern civil servants from ministries who are specially charged with a supervisory task in the various control and inspection services.
P olice Duties and Duties
Tasks of the police . The tasks of the police broadly consist of two parts.
- On the one hand, the maintenance of public order on the basis of the General Police Regulation (by order of the mayor or the minister of the interior)
- On the other hand, the investigation of criminal offenses under criminal legislation (by order of the public prosecutor and the Ministry of Justice).
Overlap . This latter task is specifically discussed here. It should be noted that the two tasks are often indistinguishable or overlap. An example to make this clear. During a demonstration, those present do not or insufficiently follow the instructions of a police officer (in his opinion). A demonstrator is then arrested (with the necessary skirmishes) by the police. The question is whether the police are maintaining public order or arresting someone for committing a criminal offence? This can only be determined afterwards, depending on the evidence provided by the police or witness statements.
Duties of the Police Act
When performing his duties, the police officer is obliged to comply with the Police Act.
Duties and Duties of the Police Officer can be described as follows:
- respecting existing laws
- maintaining public order, peace, morality, the health and safety of people and animals and protecting property
- monitoring compliance with the laws and detecting and discovering committed criminal offenses
- taking care of and being responsible for the persons and goods that need to be guarded and protected, temporarily or permanently
- promoting free and unimpeded movement on land and waterways
- providing assistance in the event of accidents involving people and animals
State Police and Municipal Police
The difference in name, i.e. National Police or Municipal Police, has to do with the size of the municipality. Smaller municipalities jointly have a national police force.
- National Police – this force is led by a group commander and ultimately the Minister of Justice
- Municipal Police – this force is organized and led by the (chief) Commissioner and the Mayor
The Military Police
The Royal Military Police. Military personnel of this weapon (as officially called) have their own investigative task in cases determined by the ministers of justice and defense, with the following tasks:
- ensuring the safety of the members of the Royal House
- performing police duties on behalf of the armed forces
- border control (including Schiphol and other airports in the Netherlands)
- providing assistance to the police in maintaining public order
The Dutch person will only actually have to deal with the police if:
- he/she does not follow instructions from a police officer in the interest of public order or, for example, traffic legislation
- he/she is suspected of committing a criminal offense or has become a victim of a criminal offence.
read more
- Criminal Law & Police 2 – Breaking the Law
- Criminal Law & Police 3 – Interrogation Report
- Criminal Law & Judicial Preliminary Investigation