Central Netherlands court ruling in police case
On 9 January 2025, the District Court of the Central Netherlands acquitted a police officer of violating his violence instruction. The investigation concerned a deliberate collision of a man by the police officer when – after a minute-long high-speed chase – the man suddenly came to a stop with his car on the motorway hard shoulder, got out and threatened to run onto the carriageway. The police officer was assisted by Floris Dudok van Heel, whose defence was followed that the police officer acted in a subsidiary and proportionate manner, in accordance with the violence instruction, so that there was no criminal offence of any kind.
The court considered:
‘(…) that the defendant could reasonably judge that this created a life-threatening situation in which immediate intervention was necessary. The court takes into account that[A] suddenly got out of his car on the hard shoulder of the A29 motorway, right next to a motorway where, at that moment, a speed of 130 kilometres per hour was allowed. (…) Given these circumstances, the court considers the use of force to end the dangerous situation justified.
(…)
In view of all of the above, the court is of the opinion that the manner in which the accused used the, police vehicle – namely by approaching [A] with this vehicle at the lowest possible speed in order to prevent immediate danger to his life and that of others – must be regarded as proportionate, reasonable and moderate in the given circumstances, also taking into account what the court has previously considered about the restraint with which the court must test police violence.
The accused thus acted in accordance with the violence instruction.’
Read the full court ruling here: Central Netherlands District Court 9 January 2025, ECLI:NL:RBMNE:2025:40