Dutch police may only use a taser (stroomstootwapen) in the situations listed in Article 12c of the Police Use of Force Instructions (Ambtsinstructie). One of those is arresting someone who is trying to escape their arrest. Even then, the use must be necessary and proportionate, and the officer must give a warning first where possible (Article 7 Police Act 2012 and Article 12d Ambtsinstructie).
These rules made the news this week after a police officer in Amsterdam tasered a parcel delivery driver following a parking offence. Below you can read what the rules are, how they apply to this case and what you can do if you believe the police went too far. For police use of force in general, see Police use of force: when is it lawful and what can you do?.
Table of contents
What happened in the Runstraat?
On Thursday 29 October 2026, at around 3.30 pm, a motorcycle officer tasered a delivery driver in the Runstraat, in Amsterdam’s Nine Streets (Negen Straatjes). The driver had stopped his van where stopping is prohibited between 12.00 and 18.00.
According to the police, the driver refused to move the van and did not show his driving licence or ID despite repeated requests. When the officer tried to arrest him, the driver allegedly grabbed the officer’s wrist and pulled himself free. The officer then used his taser. The man was taken to the police station and given several fines; he has since been released.
Bystanders describe it differently. On the footage, the driver asks why he is being arrested; according to one witness, he got no answer. According to AT5, two videos show no escalating situation. The police point out that the footage shows only part of the incident and say they are reviewing the use of force (Metro).
Can the police arrest you for illegal parking?
Not for illegal parking alone. Stopping or parking where it is not allowed leads to an administrative fine under the Dutch Traffic Regulations Administrative Enforcement Act (Wet Mulder), not to an arrest.
An arrest can follow if a criminal offence is added. Deliberately ignoring an order from a police officer can be an offence under Article 184 of the Dutch Criminal Code. Not showing your ID when an officer reasonably asks for it is an offence under Article 447e of the Criminal Code.
If you are caught in the act of a criminal offence (heterdaad), the police may arrest you (Article 53 Code of Criminal Procedure). That is the case when the offence is discovered while it is being committed or immediately afterwards.
When may the police use a taser?
Only in the situations listed in Article 12c of the Ambtsinstructie, and only if the use meets the requirements of Article 7 Police Act 2012. In addition, the officer must warn you first if the situation allows it.
Article 7 Police Act 2012 says force is only allowed if the purpose justifies it and that purpose cannot be achieved in another way. The force must be reasonable and moderate. Lawyers call this subsidiarity (there is no lighter means available) and proportionality (the force is in proportion to the aim).
Article 12c Ambtsinstructie distinguishes two modes. In probe mode, the taser fires two darts that deliver an electric shock through wires. In drive-stun mode, the officer presses the taser directly against the body. Probe mode may only be used:
- to arrest someone who can reasonably be assumed to be carrying a weapon and to use it against a person, or to be about to use other violence against people;
- to arrest someone who is trying to escape, or has escaped, their arrest, presentation to a judge or other lawful deprivation of liberty;
- to defend against or control aggressive animals;
- to avert immediate danger to someone’s life or of serious bodily harm.
Drive-stun mode is only allowed in the last two situations. Under Article 12d Ambtsinstructie, the officer must warn you first, loudly or in another clear way, that the taser will be used if the order is not obeyed immediately. The warning may only be omitted if the circumstances reasonably do not allow it.
What happens after an officer uses a taser?
The officer must report the use as soon as possible to the assistant public prosecutor (hulpofficier van justitie), who registers the use of force (Article 17 Ambtsinstructie). The police then assess whether the force was lawful.
In the report, the officer records in writing which means were used and with what consequences, and explains orally why force was used. Incidents involving serious injury or death are investigated by the National Police Internal Investigations Department (Rijksrecherche) under the authority of a public prosecutor.
Was the use of the taser in the Runstraat lawful?
That has not been established and cannot be judged from the footage alone. If the driver did pull himself free, as the police say, that falls under the ground of escaping an arrest in Article 12c Ambtsinstructie.
Whether the use was also necessary and proportionate depends on questions the footage does not answer:
- Could the officer have arrested the man with a hold or with help from a colleague?
- Did the officer give the warning required by Article 12d Ambtsinstructie?
- Did the driver know why he was being arrested?
- Was an electric shock, with the risk of a hard fall in the street, in proportion to the resistance?
A missing warning does not automatically make police action unlawful. In a case about pepper spray, the District Court of Northern Netherlands considered the lack of a warning and the late explanation of the reason for arrest to be minor procedural defects (ECLI:NL:RBNNE:2023:384). The police action remained lawful and the suspect was convicted of resisting arrest.
Is resisting an unlawful arrest a criminal offence?
Not as resisting arrest (wederspannigheid). Resistance against an officer is only punishable as resisting arrest if the officer was acting in the lawful exercise of their duties (Article 180 Criminal Code).
If you are prosecuted for resisting arrest or ignoring an order, the lawfulness of the police action is therefore often an important defence. Not every mistake by an officer makes the action unlawful, as the ruling of the District Court of Northern Netherlands shows.
What can you do if you believe the police went too far?
You can file a complaint, report the officer to the police (aangifte) or hold the State liable for your damage. If you are prosecuted yourself, you can challenge the lawfulness of the police action in your own criminal case.
- Complaint: the police handle your complaint under the complaints procedure of the Police Act 2012. If you disagree with the outcome, you can turn to the National Ombudsman (Nationale ombudsman).
- Criminal report: the Public Prosecution Service (Openbaar Ministerie) decides whether to prosecute the officer. If it decides not to, you can file a complaint with the court of appeal (Article 12 Code of Criminal Procedure).
- Damages claim: unlawful police action can be a tort committed by the State (Article 6:162 Dutch Civil Code). Your claim generally becomes time-barred five years after you became aware of the damage and the party liable for it (Article 3:310 Civil Code).
- Defence: in your own criminal case, the court will review whether the officer acted lawfully.
Record what happened on the same day: time, place, names of witnesses and any footage. Have any injuries documented by a doctor straight away.
How we can help with police use of force
Our criminal lawyers assist you when police action plays a role in your own criminal case or in a report you have filed. We work in English.
- We assess, under Article 7 Police Act 2012 and Articles 12c and 12d Ambtsinstructie, whether the use of the taser was lawful.
- We defend you if you are suspected of resisting arrest or ignoring a police order.
- We request access to the case file, such as the official arrest report, and check whether the officer gave a warning.
- We draft a complaint about the police action and guide a request to the National Ombudsman.
- We file a complaint with the court of appeal if the Public Prosecution Service does not prosecute the officer (Article 12 Code of Criminal Procedure).
Tasers in the Netherlands: five key points
- Illegal parking alone is no ground for arrest; an arrest only follows a criminal offence, such as ignoring a police order (Article 184 Criminal Code).
- Probe mode may only be used in the four situations of Article 12c Ambtsinstructie, including arresting someone who is escaping their arrest.
- The officer warns you first if the circumstances allow it (Article 12d Ambtsinstructie).
- A missing warning does not automatically make police action unlawful (ECLI:NL:RBNNE:2023:384).
- After police use of force, you can file a complaint, report the officer or hold the State liable.
Frequently asked questions
May I film the police during an arrest?
In public spaces you may in principle film the police, as long as you do not obstruct their work. Footage can later be important evidence, as this case shows.
Do I have to show my ID to a police officer in the Netherlands?
Yes, if the officer reasonably asks for it to perform their duties (Article 8a Police Act 2012). Everyone aged 14 or over must be able to show valid ID. Refusing is an offence under Article 447e Criminal Code.
How long can the police hold me after an arrest?
For questioning, the police may hold you for up to nine hours if the offence allows pre-trial detention, not counting the hours between midnight and 9 am (Article 56a Code of Criminal Procedure). See also Pre-trial detention in the Netherlands: how long can you be held?.
Would you like to know whether we can help?
Book a free introductory meeting. We will discuss whether we can help you and what it will cost. Substantive legal advice is not included. We do not assess cases or documents by e-mail without an engagement.
This article provides general information and does not replace advice on your specific situation.
