Publication: Magyar Közlöny
Issue: MK-2007-147 (Year: 2007, Number: 147)
Era: 2004-2010
Section: 
Paragraph Index: 100

3. Particular situation provided for in article 43 of the Criminal Procedure Code: According to this article, any person who sees another person in the act of committing a crime or an offence punished with deprivation of liberty is authorized to apprehend the offender and to conduct him before the next judicial police officer. As a foreign police officer, being on the territory of Luxembourg within the framework of articles 24 and 25 of the Treaty, has the same rights as any person, he or she may act on behalf of this article, if not otherwise decided by a Luxembourg police officer according to article 24 paragraph 3 or article 25 paragraph 3, last phrase, of the Treaty. _____________________________________________________________________________ THE NETHERLANDS The Netherlands does not foresee any restrictions with respect to carrying service weapons, means for force, and other equipment (provided they have been handed out by the employer). Article 28 paragraph 2 of the Treaty forms an exception to the following legislation. The arms, ammunition and equipment mentioned in Annex 2 (for the Netherlands: firearms, pepper spray and tear gas) may only be used in the legitimate defence of the officer himself or another (self-defence article 41 of the Penal Code). On the basis of the same provision the superior may determine otherwise in individual cases. Police Act 1993 Article 8 -1. A police officer who is appointed to carry out a police task is authorised to use force in the lawful performance of his job, if the relevant goal justifies such, taking account of the risks inherent in the use of force and such goal cannot be achieved in a different manner. If possible the use of force shall be preceded by a warning. -2. A police officer who has been appointed to carry out police duties has access to every location, insofar as such is reasonably necessary to provide assistance to those who require such. -3. A police officer who has been appointed to carry out a police task is authorised to search the clothing of persons in the exercising of a power granted to him by law or when carrying out an action to perform the police task, if facts or circumstances show that there is an immediate risk for their life or safety, or the life or safety of the officer himself or of third parties and this search is necessary to deflect that risk. -4. The district attorney or the assistant district attorney before whom detainees or suspects or convicts legally deprived of their freedom are brought, has the power to determine that their person will be 2007/147/II. szám searched, if facts or circumstances show that there is a risk to their life or safety or the life or safety of the officer himself and this search is necessary to deflect that risk. -5. The exercising of the powers referred to in paragraphs 1 through 4 must be reasonable and proportionate to the intended goal. -6. Paragraphs 1 through 5 also apply to a member of the military police, if he acts in the lawful performance of his duties, and to members of any other part of the armed forces who assist the police on the basis of this Act. -7. Our Minister of Justice can stipulate that the special investigating officers referred to in article 142, paragraph 1 of the Code of Criminal Procedure can exercise the powers described in paragraphs 1 and 3 insofar as designated by him either in person or per category or unit. In such case an official instruction shall be established for them in accordance with article 9. Article 9 -1. By order in council on the proposal of Our Ministers of Justice and of the Interior and Kingdom Relations, in conjunction with Our Minister of Defence insofar as the military police is concerned, an official instruction shall be established for the police and for the military police. -2. If a member of any other part of the armed forces acts in the performance of his tasks described in articles 59 and 60, the official instruction applies. -3. The official instruction shall lay down rules for the implementation of articles 7 and 8. -4. By or pursuant to an order in council, rules shall be established by ministerial regulation regarding measures which can be applied to persons lawfully deprived of their liberty with an eye on their detention, insofar as this is necessary in the interest of their safety or the safety of others. The order in council shall be established following a proposal of Our Ministers of Justice, and of the Interior and Kingdom Relations, in conjunction with Our Minister of Defence insofar as the military police is concerned. -5. Paragraph 4 applies mutatis mutandis to persons who have been placed in the custody of the police or the military police in connection with assistance being given to them. -6. Officers whom Our Minister of Justice has appointed to transport persons lawfully deprived of their freedom can exercise the powers referred to in article 8, paragraphs 1 and 3, or take the measures referred to in paragraph 4 insofar as this is necessary to prevent the person being transported from escaping custody. The first full sentence applies insofar as the persons lawfully deprived of their freedom are in the custody of the police or the military police. 2007/147/II. szám Decree of 8 April 1994, establishing rules relating to a new Official Instruction for the police, the military police and special investigating officers and the measures which can be taken in respect of people who have been lawfully deprived of their liberty (Official Instruction for the police, the military police and special investigating officers [Version effective as of: 20-09-2006]) History: Staatsblad 1994, 825; Staatsblad 1997, 764; Staatsblad 1998, 340; Staatsblad 1999, 197; Staatsblad 2001, 387; Staatsblad 2002, 174; Staatsblad 2004, 218; Staatsblad 2005, 110; Staatsblad 2006, 407 We Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc. On the proposal of Our Ministers of Justice and of the Interior of 8 December 1993, Public Law Legislation Staff Department, no. 415284/93/6 and no. EA 93/U 3630, made in conjunction with Our Minister of Defence, no. CWW 85/008; In view of article 9 of the Police Act 1993; Having heard the Council of State (advice of 28 March 1994, no. W.O. 3.93.0838); In view of the additional report of Our Minister of Justice which was also made on behalf of Our Minister of the Interior of 7 April 1994, Public Law Legislation Staff Department, no. 433019/94/6, no. EA 94/U1149, published in accordance with Our Minister of Defence; Have approved and understood: CHAPTER 1. General Article 1

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