If the police act unlawfully and you suffer damage as a result, you can claim compensation from the State. The main exception is a claim that the prosecution itself was wrong: that only succeeds in limited cases, for example where your innocence appears from the case file.
There are three routes, and they often work best together. The first is a claim for damages against the State for an unlawful act (onrechtmatige daad) under Article 6:162 of the Dutch Civil Code (Burgerlijk Wetboek, BW). This covers, for example, excessive force, unlawful entry, damage caused during a search and detention without a legal basis. You can claim both financial loss and non-financial loss under Article 6:106 BW. Where a criminal case has ended without a punishment or measure, the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) offers a simpler and faster route: a request for compensation for time spent in custody (Article 533 Sv) and a separate request for the costs of your lawyer (Article 530 Sv). Both go to the court that dealt with the case, and both must be filed within three months after the case ended.
A claim that the prosecution was unlawful as such is harder. Under the Supreme Court’s Begaclaim judgment, such a claim in principle only succeeds if your innocence appears from the case file, or if there was no reasonable suspicion justifying the coercive measures from the start. Dissatisfaction with the outcome is not enough.
The third route is a complaint. A complaint to the chief of police, and after that to the National Ombudsman (Nationale ombudsman), leads to a finding rather than money. But it can establish facts that carry weight in a later claim. In cases of serious injury or death caused by police action, the Rijksrecherche, the independent department that investigates the police, carries out the investigation.
Below we explain the powers of the police, the most common errors, which route fits which situation, the time limits, and what evidence you should secure straight away.
Who is this article for?
This article is for anyone who has suffered damage because of police action: a wrongful arrest, excessive force, a damaged home or car after a search, or an incorrect official report that led to a fine or prosecution. It is also useful if you want to help a family member in that situation.
Police officers are not the only ones who draw up official reports and enforce the law. Special investigating officers (buitengewoon opsporingsambtenaren, BOAs), for example municipal enforcement officers, also issue fines and draw up reports, for instance for public order offences and fireworks nuisance. The same principles apply to errors they make, although the liable authority may then be the municipality or another employer rather than the State.
The quality of official reports is a real issue. In June 2025 the NOS reported, based on research by NRC and figures from the Public Prosecution Service (Openbaar Ministerie, OM), that 36 percent of some 317,000 official reports for minor offences in 2024 were sent back because of errors. Only about half of them were corrected, so tens of thousands of offenders went unpunished and the State lost millions in fine revenue. The police attributed part of the rise to a switch from checks by staff to automated checks. For you, this mainly means that an official report is not automatically correct, and that it is worth checking it carefully.
In short, you can receive compensation if the police acted unlawfully towards you. Law & More can assess your situation and handle your claim.
In this article you will find:
- which powers the police have and when they are exceeded;
- common police errors and their legal consequences;
- the routes to compensation and how they relate to each other;
- practical solutions to common obstacles, such as evidence and time limits;
- contact details and further information.
What are the tasks of the Dutch police?
The police maintain public order, investigate criminal offences and provide assistance to people in need. Under Article 3 of the Police Act 2012 (Politiewet 2012) they do this in subordination to the competent authority and in accordance with the applicable rules of law.
Since 1 January 2013 the Netherlands has had a single National Police force (Nationale Politie). The Minister of Justice and Security is responsible for its management. For maintaining public order, the police act under the authority of the mayor; for criminal investigations, under the authority of the public prosecutor. The mayor, the chief public prosecutor and the police chief coordinate local security in what is known as the local triangle (driehoek).
The police also work with municipalities, for example in teams that tackle nuisance and crime in a neighbourhood. BOAs play an important role in those teams: they check and fine for offences such as disorderly conduct, public urination and fireworks nuisance. The police also enforce traffic rules, including speed limits and the rules on alcohol and driving.
When officers exceed their powers or act carelessly, the consequences for citizens can be serious. Unjustified suspicion, disproportionate force or procedural errors can cause financial and non-financial damage for which you may be entitled to compensation.
Which powers do the police have?
The police have powers that ordinary citizens do not have, such as stopping and arresting suspects, searching people and entering homes. Each power has a legal basis and conditions; acting outside them is unlawful.
Examples of police powers are:
- arresting a suspect caught in the act, or outside that situation on the order of a public prosecutor (Articles 53 and 54 Sv);
- taking a suspect to the police station for questioning and holding them for a limited time;
- searching clothing and bags in the cases the law allows;
- entering a home without the occupant’s consent, which in principle requires a written authorisation under the General Act on Entering Dwellings (Algemene wet op het binnentreden);
- searching a home, which in principle takes place under the direction of an examining magistrate (rechter-commissaris), or in urgent cases a public prosecutor.
The police also have the power to use force. Under Article 7 of the Police Act 2012 an officer may use force only if this is justified by the aim pursued, if that aim cannot be reached in another way, and only in proportion to that aim. Force must be preceded by a warning where possible. The detailed rules are in the Official Instructions for the Police (Ambtsinstructie), which also require officers to report any use of force.
Police work is divided into basic policing and specialist functions such as cybercrime and forensic investigation. Whatever the function, if an officer acts without a legal basis, without the required authorisation, or beyond what is proportionate, that is unlawful. The State is then in principle liable for the damage. For official reports, the Public Prosecution Service sets quality requirements before a case can be prosecuted.
Which duty of care applies to police officers?
Besides the legal limits, officers must act carefully. They must treat citizens with respect, draw up accurate and truthful official reports, and keep any use of force proportionate and subsidiary.
An official report (proces-verbaal) must be drawn up under oath of office and state what the officer saw or heard personally. In criminal proceedings the court may use it as evidence. That is exactly why errors are harmful: an incorrect report can lead to a fine, a prosecution or a criminal record.
These standards of care are the basis for liability. If the police acted carelessly and you suffered damage as a result, you may have a claim. Below we look at the errors that occur most often in practice.
Which police errors have legal consequences?
The errors with legal consequences range from administrative mistakes to serious abuse of power. The most common are incorrect official reports, unlawful arrest or detention, and excessive force.
Errors in reports are made by both police officers and BOAs. Information is also shared between the police, enforcement officers and care providers, which can help respond to situations quickly but also creates a risk that incorrect information is passed on.
What if an official report contains errors?
An official report forms the basis of a criminal case or a fine. If it states the facts incorrectly, leaves out information in your favour, or classifies your behaviour wrongly, you can challenge it.
Examples are an incorrect description of what happened, the omission of exculpatory information, or the wrong classification of behaviour such as disorderly conduct, public urination, fireworks nuisance or driving without a licence. If such an error leads to a fine, you can lodge an objection and, if necessary, have the court review the case. If it leads to an unjust prosecution, the damage can be substantial: fines paid, damage to your reputation and legal costs that turn out to have been unnecessary.
When is an arrest or detention unlawful?
An arrest is only lawful if there is a legal basis, in most cases a reasonable suspicion of a criminal offence. Detention for longer than the law allows, or without the required decisions, is also unlawful.
In practice people are sometimes wrongly identified as suspects, held for too long, or stopped without a valid reason. The consequences are far-reaching: loss of liberty, stress, and often financial loss because work or appointments are missed. If your case ends without a punishment or measure, you can ask the criminal court for compensation for the time you spent in custody (Article 533 Sv). This does not happen automatically: you must file a request within three months, and legal assistance is usually advisable. If the detention itself was unlawful, you can also claim compensation from the State in civil proceedings.
What about excessive force and abuse of power?
Force is only allowed as a last resort, in proportion to the threat, and when other means have failed or would not work. Excessive force, during an arrest or while keeping order at an event, can lead to civil liability of the State and sometimes to criminal liability of the officer.
If you were injured, secure medical evidence straight away. We do not handle personal injury claims (letselschade) ourselves; we refer the part of the claim that concerns bodily injury to a specialised personal injury lawyer, and can assist with the other aspects, such as the criminal case and the complaint.
Key points of this section:
- administrative errors can lead to unjust fines or prosecution;
- unlawful deprivation of liberty entitles the victim to compensation;
- disproportionate force can always be challenged.
With this knowledge you can assess whether your situation may qualify for a claim. The next step is to understand how to obtain compensation.
Which route to compensation fits your situation?
The route depends on what went wrong and how your criminal case ended. Often you use more than one route at the same time.
| Route | When it fits | Where and when |
|---|---|---|
| Request for compensation for custody (Article 533 Sv) | You were in police custody or pre-trial detention and your case ended without a punishment or measure (acquittal, discharge or dismissal) | Request to the court that dealt with the case, within three months after the case ended |
| Request for lawyer’s costs (Article 530 Sv) | Your case ended without a punishment or measure and you incurred costs for a lawyer | Request to the same court, within three months after the case ended |
| Civil claim against the State (Article 6:162 BW) | Unlawful force, entry, search or detention, or damage to property, regardless of how the criminal case ended | Liability letter to the State, then if necessary proceedings before the civil court; limitation period of five years |
| Complaint | You want a finding on the conduct of an officer | Complaint to the police, then the National Ombudsman |
When is a prosecution itself unlawful?
Only in exceptional cases. In the Begaclaim judgment (Supreme Court, 13 October 2006, ECLI:NL:HR:2006:AV6956) the Supreme Court held that a prosecution and the related coercive measures only become unlawful afterwards if the innocence of the former suspect appears from the criminal case file or the court’s decision.
An acquittal because there is insufficient evidence is therefore not the same as proven innocence. A claim can also succeed if the coercive measures were unlawful from the start, for example because there was no reasonable suspicion at all. In other cases the requests under Articles 530 and 533 Sv are usually the more realistic route.
How do you obtain compensation for police errors?
You obtain compensation by first establishing what went wrong, then holding the responsible authority liable in writing, and finally negotiating or going to court. Law & More can guide you through each stage.
Steps to obtain compensation
Contact a lawyer as soon as possible if you believe you are a victim of police errors. Time limits can make a claim impossible if you wait too long.
- Intake and analysis: your lawyer analyses the facts and collects the relevant documents, such as official reports, medical records and witness statements.
- Legal assessment: we assess whether the police acted unlawfully, which route fits, and what damage this caused.
- Liability claim: a letter is sent to the responsible authority, usually the State, holding it liable and setting out the damage.
- Negotiation or proceedings: we negotiate on your behalf or start proceedings if that does not lead to a result.
- Payment: if the claim succeeds, you receive the compensation that was agreed or awarded.
Which types of damage can you claim?
| Type of damage | Examples | How it is assessed |
|---|---|---|
| Financial loss | Loss of income, legal costs, damaged property | Full compensation of the proven loss, based on receipts and figures |
| Non-financial loss | Distress, damage to reputation, invasion of privacy | For custody, the criminal courts use fixed daily amounts from national guidelines, which differ for a police cell and a remand centre; otherwise the court assesses an amount on a reasonable basis (Article 6:106 BW) |
| Bodily injury | Injuries caused by force | Depends on severity and lasting consequences; we refer this part to a personal injury specialist |
| Consequential loss | Loss of a job as a result of the detention | Only if a causal link with the unlawful act can be shown |
The amount of compensation depends on your situation. After analysing your case we can give you a realistic picture of what is achievable, which helps you decide whether to start proceedings.
What are the common obstacles, and how do you deal with them?
The main obstacles are evidence, time limits and the imbalance between you and the State. Each can be managed if you act early.
How do you gather evidence?
Secure evidence yourself as soon as possible, because camera images and other data are not kept indefinitely. Write down the names and telephone numbers of witnesses, take photos of injuries or damage, and ask others for written statements.
Also write down your own account while your memory is fresh: time, place, the officers’ numbers if you saw them, and what was said. Your lawyer can then request further material, such as body camera or street camera images, the official report and internal reports. Your personal data held by the police can be requested under the Police Data Act (Wet politiegegevens).
Which time limits apply?
Different time limits apply to each route, so do not wait. The requests under Articles 530 and 533 Sv must be filed within three months after the case ended.
A civil claim for damages is time-barred five years after you became aware of both the damage and the liable party, and in any event twenty years after the event (Article 3:310 BW). A complaint about police conduct should in principle be submitted within one year of the event: the police do not have to handle a complaint lodged later (Article 9:8 of the General Administrative Law Act, Algemene wet bestuursrecht, Awb).
How do you deal with the authorities?
It can feel strange to claim compensation from the same government that wronged you. A businesslike approach helps: a well-documented liability letter to the police or the responsible authority is taken more seriously than an emotional complaint. We keep professional contact with the Public Prosecution Service and other authorities, so that your claim is dealt with seriously and without unnecessary escalation.
What should you do next?
If unlawful police action has caused you damage, the law gives you routes to compensation for financial and non-financial loss, provided you act in time and in the right way. The police play an essential role in society, but they also make mistakes.
Your next steps:
- write down what happened as soon as possible;
- collect the contact details of witnesses and keep all relevant documents;
- note the date on which your criminal case ended, because of the three-month deadline;
- contact Law & More through the website or by letter for an intake;
- have a lawyer assess your chances, and then decide whether to start proceedings.
Related steps you may want to consider are filing a formal complaint with the police, and reporting serious misconduct so that the officer’s conduct can be investigated under criminal law.
Additional information
Relevant authorities:
- Rijksrecherche: investigates criminal offences by police officers and investigates serious incidents involving police use of force.
- National Ombudsman: handles complaints about improper government conduct once the police complaint procedure has been completed.
- Dutch Data Protection Authority (Autoriteit Persoonsgegevens): supervises the processing of personal data, including by the police.
Police telephone numbers:
- 112: emergencies, life-threatening situations or crimes in progress.
- 0900-8844: non-urgent matters.
- 0800-6070: the police tip line for information about crimes.
- 088-661 77 34: the protected line of the Team Nationale Inlichtingen, for information about serious crime (working days, 08:00 to 16:00).
Deaf and hard-of-hearing people can contact the police through the Tolkcontact app. You can find your nearest police station by entering your postcode or place of residence on the police website.
Legal framework:
- Police Act 2012, Articles 3 and 7: tasks of the police and use of force.
- Dutch Civil Code, Book 6: unlawful acts and compensation (Articles 6:162 and 6:106 BW).
- Dutch Code of Criminal Procedure: arrest and detention, and compensation after a case ends without punishment (Articles 530 and 533 Sv).
- General Administrative Law Act, Chapter 9: complaints.
To file a complaint with the police, go to politie.nl, the official website of the National Police. Use the complaints page for the correct form and instructions. Fill in your name and contact details, so that your complaint can be linked to your report. Note that some forms only work if your browser accepts the necessary cookies.
In summary
- If the police act unlawfully and cause you damage, the State is in principle liable under Article 6:162 BW, for both financial and non-financial loss.
- If your criminal case ended without a punishment or measure, you can ask the criminal court for compensation for custody and lawyer’s costs within three months (Articles 533 and 530 Sv).
- A claim that the prosecution itself was unlawful only succeeds in exceptional cases, for example if your innocence appears from the file (Begaclaim).
- A complaint to the police and then the National Ombudsman does not give money, but can establish facts that support a claim.
- Secure evidence immediately and watch the time limits: three months, one year for complaints, five years for civil claims.
Police errors and compensation: frequently asked questions
Can I get compensation if the police acted unlawfully towards me?
Yes. If officers exceed their powers or act carelessly, for example through unjustified arrest, disproportionate force or an unlawful search, the State can be liable for the resulting damage under Article 6:162 of the Dutch Civil Code. If your criminal case ended without punishment, you can also ask the criminal court for compensation for time in custody and for lawyer’s costs within three months.
Is it only police officers whose reports and actions can be challenged?
No. Special investigating officers (BOAs), such as municipal enforcement officers, also draw up official reports and issue fines, for example for public order offences and fireworks nuisance. Their reports and actions can be challenged in the same way, although the liable authority may then be the municipality or another employer.
How often do official police reports actually contain errors?
According to figures of the Public Prosecution Service reported by the NOS in June 2025, 36 percent of some 317,000 official reports for minor offences in 2024 were sent back because of errors, and only about half were corrected. This concerned reports by both police officers and BOAs.
What duty of care applies to police officers during their work?
Officers must treat citizens with respect, draw up accurate and truthful official reports, and use force only when it is necessary, proportionate and subsidiary, as required by Article 7 of the Police Act 2012 and the Official Instructions for the Police.
Law & More assists people who have been confronted with unlawful police action, in the criminal case, the complaint procedure and the claim for compensation. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our criminal lawyer page.
