THE BOTTOM LINE
- Detention Creates Liability: If an individual, such as an employee or executive, is detained and the case is later dropped, the state may be liable for compensation—even for a single day in custody.
- “Policy Dismissals” Are Not a Shield: The prosecutor cannot block a compensation claim simply because the case was dropped for practical or “policy” reasons rather than a complete lack of evidence.
- The Blame Game Matters: The court will award compensation based on fairness, unless it is clear the individual brought the suspicion upon themselves. The burden of proving this fault appears to rest with the state.
THE DETAILS
This case involved an individual held in police custody for one day following an incident. The public prosecutor ultimately decided not to press charges, issuing a “policy sepot” (policy dismissal). This type of dismissal is often used when prosecution isn’t deemed to be in the public interest—for example, if both parties were at fault or the suspect was also a victim. Following the dismissal, the individual filed a claim for compensation for the time spent in detention and the associated legal fees.
The case hinged on whether compensation was appropriate, given the nature of the dismissal. The prosecutor argued that because the case was dropped for policy reasons—acknowledging the individual had also suffered damages in the incident—the individual had essentially caused the situation and was therefore not entitled to compensation. The prosecutor even noted an informal practice where it was assumed a policy dismissal would prevent such claims.
However, the claimant’s lawyer argued that the case file showed the other party was the primary aggressor. This meant the detention was fundamentally unjust, regardless of the administrative reason for dropping the case.
The District Court of Zeeland-West-Brabant sided with the claimant, emphasizing that the principle of “fairness” (billijkheid) underpins these claims. The judges ruled that they could not definitively conclude from the case file that the individual was to blame for the initial suspicion. In the absence of such clear fault, fairness dictated that compensation be awarded.
The court granted the standard rate of €130 for the day spent in police custody. Notably, it also awarded a further €680 to cover the legal costs of filing and arguing the claim, bringing the total award to €810.
SOURCE
Source: Rechtbank Zeeland-West-Brabant
