May the police lure people to do something criminal?

Authorities are bound to rules. When solving crime not all are means allowed. Many regulations are  written in laws. Many other regulations can be found in court decisions. The so called Tallon criterion (1979) is one of these regulations not to be found in the law itsself.

The case is about under cover agents who infiltrate in international drugs trading.

There is a fine line between what is allowed and what is not allowed. In short ‘people may not be ‘encouraged’ to act differently than they already intended to act before’. The police may not provoke people into crime.

However in 2008, the Supreme Court in The Netherlands decided the usage of bikes to catch thieves is allowed.

Festival season, how to prevent a criminal record

It’s summer and the festival season is here again. The Netherlands is known for it’s laid back policy regarding drugs. Soft drugs can be obtained quite easily, but also other narcotics can be bought easily. Therefore, many people goiing to parties assume that really everything is allowed. The legal reaility is otherwise and on many parties the police is very strict about the kind of drugs and the amount posessed.

In 2014, many people were fined. Accepting such a fine may be considered as an easy was to resolve the issue. A fine sometimes just seemed like a temporary pause from the party. However, accepting such a penalty results into a criminal record!

In many cases people were not warned (properly) in advance about this and for this reason many lawyers have complained about the way of conduct by the relevant authorities.

Therefore, we advise you to be reluctant to just accept the fine. If you want further legal assistance (afterwards), please do not hesitate to contact us.