Abstract
Recently the controversy about the police use of force has increased within The Netherlands. Simultaneously it has become clear that courts have provided divergent judgments in these cases; some have sentenced and others have acquitted police officers. Whereas victims of the police use of force increasingly ask for the prosecution of these officials, others demand to change the reporting procedure in favor of the officer’s legal position. This research explains how the reporting procedure for these cases is construed under Dutch law – particularly regarding the serious use of force – seeing that such a contribution currently lacks in (inter)national legal literature. Besides, it examines to what extent the abovementioned procedure violates the officer’s right against forced self-incrimination under the ECHR. This research concludes, in absence of a court ruling, that the procedure is incompatible with the ECHR when the evidence that follows from the officers’ duty to notify is admissible in criminal procedures.
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Doctor Marc Groenhuijsen is Professor of criminal law, criminal procedure and victimology at Tilburg University. He is also the Founding Director of the International Victimology Institute Tilburg (INTERVICT) and part-time judge at the Court of Appeal in Arnhem), E-mail: m.s.groenhuijsen@tilburguniversity.edu.
René Jansen LLM is a lecturer/researcher at the Private Law Department of Tilburg University, E-mail: r.jansen@tilburguniversity.edu.
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Open Access This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.
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Groenhuijsen, M., Jansen, R. The Reporting Procedure for Police Officers who have Used Serious Force Under Dutch Law and the Privilege Against Forced Self-incrimination. Crim Law Forum 27, 495–527 (2016). https://doi.org/10.1007/s10609-016-9287-2
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DOI: https://doi.org/10.1007/s10609-016-9287-2