Introduction
When the police in the Netherlands make mistakes in the course of their work, citizens can suffer serious damage as a result. More and more official reports contain errors, allowing tens of thousands of offenders to go free. These errors result in millions of lost fine revenue for the treasury. This article discusses your legal options if you have been the victim of unlawful police conduct and how you can obtain compensation.
This information is intended for anyone who has suffered damage as a result of police error – from wrongful arrests to excessive use of force or incorrect official reports. Not only police officers, but also special investigating officers (BOAs) draw up reports and are involved in enforcement, for example in cases of public order offences and fireworks nuisance. We specifically discuss which errors are legally contestable and which steps fall outside the scope, such as regular complaints procedures without a claim for damages. Whether you were involved in an incident yourself or want to help a loved one, this article offers concrete guidance.
Direct answer: Yes, you can receive compensation if the police have acted unlawfully. Engage Law & More to rectify this and have your claim handled professionally.
What you will learn from this article:
- Insight into what police powers exist and when they are exceeded
- Concrete examples of common police errors with legal consequences
- A clear procedure for obtaining compensation through Law & More
- Practical solutions to common challenges with your claim
- Contact details and additional information for further steps
Tasks and responsibilities of the Dutch police
Since 2013, the National Police (Korps Nationale Politie) has been the only police force in the Netherlands, responsible for maintaining public order, investigating crimes and offences, and providing assistance to citizens in need. These tasks are carried out under the political responsibility of the Minister of Justice and Security, as laid down in the Police Act 2012.
The police work closely with the mayor and the Public Prosecution Service in the local triangle to effectively address security issues. In addition, there are partnerships between the police and municipalities, in which teams with shared powers are deployed to combat nuisance and crime in a targeted manner. In these ‘ ‘ teams, special investigating officers (BOAs) also play an important role as enforcers; they act together with the police and are authorised to carry out checks and issue fines for offences such as disorderly conduct, public urination and fireworks nuisance. The police are also responsible for enforcing laws and regulations, including traffic rules such as speed limits and alcohol consumption.
It is important to understand why the correct performance of these tasks is essential: when officers exceed their powers or act carelessly, this can have serious consequences for citizens. Unjustified suspicions, disproportionate violence or procedural irregularities can lead to material and immaterial damage for which you are entitled to compensation.
Legal Powers
The police have special powers that ordinary citizens do not have. This includes stopping and arresting a suspect, searching bags and, with the permission of the public prosecutor, entering and searching homes. In addition, the police have what is known as a monopoly on the use of force: they are allowed to use physical coercion under strict conditions.
Police work is divided into basic policing and specialist functions such as cybercrime and forensic investigation.
However, these powers are subject to strict rules. If an officer acts without legal basis, without the required authorisation, or beyond the limits of proportionality, this constitutes unlawful conduct. In that case, the State is liable for the damage suffered. The Public Prosecution Service also sets high standards for the quality of official reports before criminal proceedings can be initiated.
Duty of care
In addition to legal limits, standards of care apply to all police actions. This means that officers must carry out their work with respect for the identity and dignity of citizens, that official reports must be accurate and truthful, and that the use of force must always remain proportionate and subsidiary.
More than a third of official reports are returned to the police and enforcement agencies due to errors. This applies not only to official reports by police officers, but also to those by special investigating officers, whose quality is also critically assessed. In only half of these cases are the errors actually corrected, which means that many offenders get off scot-free. The higher margin of error in official reports is also attributed to the introduction of a digital control system.
These standards of care form the legal basis for liability. If it appears that the police have acted negligently, the way is open for compensation. This brings us to the specific errors that occur in practice and their legal consequences.
Common Police Errors and Legal Consequences
Now that you understand the tasks and standards that apply to the police, let’s look at specific situations in which things go wrong. Errors in official reports are not only made by police officers; special investigating officers also sometimes make mistakes, as enforcement officers are involved in drawing up official reports. Furthermore, the exchange of information between the police, enforcement officers and healthcare professionals allows for a quicker response to situations. Research into police errors shows that these range from administrative carelessness to serious abuse of power – each with its own legal implications.
Errors in official reports
Official reports form the basis of criminal proceedings, but they regularly contain errors. More than a third of official reports are returned to the police and enforcement agencies because of errors. In only half of these cases are the errors actually corrected. The quality of official reports is therefore an important issue, because poor quality has direct consequences for the administration of justice and the handling of cases. This may involve incorrect representation of facts, omission of exculpatory information, or the imposition of incorrect classifications on behaviours such as disorderly conduct, public urination, firework nuisance or driving without a licence. When such imperfections lead to unjust prosecution or conviction, the damage is considerable. Examples include lost income from fines, damage to reputation, or legal aid costs that turn out to be unnecessary in retrospect.
Unlawful Arrest or Detention
An arrest is only lawful if there is sufficient suspicion of a criminal offence. In practice, citizens are sometimes wrongfully identified as suspects, detained for too long, or stopped on the street without valid reason. The consequences are far-reaching: deprivation of liberty, stress, and often material damage because work or appointments cannot be carried out. In such cases, the public prosecutor’s office must award compensation, but this does not happen automatically – legal assistance is often necessary.
Use of force and abuse of power
The police’s monopoly on the use of force is subject to strict conditions: force may only be used as a last resort, proportionate to the threat, and after other means have failed. When officers use excessive force – whether during an arrest or while maintaining order at events – civil and sometimes criminal liability arises.
Key points of this section:
- Administrative errors can lead to unjust prosecution
- Unlawful deprivation of liberty entitles the victim to compensation
- Disproportionate force is always contestable
With this knowledge, you can assess whether your situation qualifies for a claim for damages. The next step is to understand how to actually obtain this compensation.
Procedure for compensation for police errors
Now that you know which errors are legally relevant, it is important to understand how you can enforce your right to compensation. Law & More will help you through this process, which consists of several stages.
Steps to Obtain Compensation
Contact Law & More if you suspect you are a victim of police errors. Do not wait too long – limitation periods may render your claim impossible.
- Intake and analysis: Your solicitor will analyse the facts and collect relevant documentation such as police reports, medical reports and witness statements.
- Legal assessment: An assessment is made as to whether the police acted unlawfully and what damage this has caused.
- Liability claim: A letter is sent to the responsible authority in which liability is claimed.
- Negotiation or proceedings: Law & More negotiates on your behalf or initiates legal proceedings if no result is achieved.
- Payment: Upon successful completion, you will receive the awarded compensation
Types of damage and compensation
| Type of damage | Examples | Indication of compensation |
| Material damage | Loss of income, legal fees, damaged property | Full compensation based on figures and receipts |
| Non-material damage | Mental anguish, damage to reputation, invasion of privacy | €50 – €200+ per day of wrongful detention |
| Physical injury | Injuries caused by use of force | Depending on severity and lasting consequences |
| Consequential damage | Loss of job, relationship problems as a result | Provided a causal link can be demonstrated |
The exact compensation depends on your specific situation. After analysis, Law & More can provide a realistic picture of what is achievable. This helps in deciding whether to initiate proceedings. Now we will discuss common problems you may encounter.
Common Challenges and Solutions
Claiming compensation for police errors involves practical obstacles. Here are the most common challenges and how you can overcome them.
Gathering Evidence
The police do not use images or reports that incriminate them. Therefore, gather evidence yourself as quickly as possible: note down the names and telephone numbers of witnesses, take photos of injuries or damage, and ask third parties for written statements. Law & More can request additional evidence through legal channels, such as camera images or internal reports.
Limitation periods
Do not wait too long to take action. There is a limitation period of five years for unlawful acts by public authorities, but shorter periods may apply to specific claims. It is important to make an initial report within a week of the incident and to seek legal advice.
Cooperation with authorities
It may feel counterintuitive to claim compensation from the same government that has wronged you. Law & More has experience in navigating this complexity. They maintain professional contact with the public prosecutor’s office and other authorities, ensuring that your claim is taken seriously without unnecessary escalation.
With this information, you are prepared for the practical side of your claim. Now let’s summarise what you need to do.
Conclusion and next steps
The police in the Netherlands play an essential role in our society, but they also make mistakes. If unlawful police action has caused you damage, the law is on your side. You are entitled to compensation for material and immaterial damage, provided you act in a timely and correct manner.
Your specific next steps:
- Document everything that happened as soon as possible
- Collect contact details of witnesses and keep all relevant documents
- Contact Law & More via the website or by letter for a no-obligation intake
- Have a solicitor assess the feasibility of your claim
- Decide whether you want to initiate proceedings based on professional advice
Related topics you may wish to explore include filing a formal complaint with the police themselves, or reporting serious misconduct to the National Criminal Investigation Department when criminal prosecution of officers is involved.
Additional Information
Relevant authorities:
- National Criminal Investigation Department – for investigating criminal offences committed by police officers
- National Ombudsman – for complaints about improper government conduct
- Data Protection Authority – when your identity or personal data has been processed unlawfully
Important police telephone numbers:
- 112 – for emergencies, life-threatening situations or reports of crimes in progress
- 0900 – 88 44 – for non-urgent matters
- 0800 – 60 70 – Investigation tip line for tips about crimes
- 088 – 661 77 34 – Criminal Intelligence Team for reporting serious crimes
For deaf and hard-of-hearing people, the Tolkcontact app is available to contact the police. You can find your nearest police station by entering your postcode or place of residence on the police website.
Legal framework:
- Police Act 2012, Article 3 – duties and powers of the police
- Civil Code, Book 6 – unlawful acts and compensation
- Code of Criminal Procedure – rules on arrest and detention
Practical tools: To file a complaint with the police, please visit politie.nl, the official website of the National Police. Make sure your browser accepts cookies for a website to function properly – some forms require this. Click on the complaints page for the correct form and instructions on how to fill it in. Do not forget to fill in your name on the contact form so that your message can be correctly linked to your report or feedback.
Please note: This information is of a general nature. For advice on your specific situation, please contact Law & More.
