Dutch Council warns against limiting judges’ powers in assault cases

The Dutch Council of State has strongly criticized a government proposal that would prevent judges from issuing community service sentences for attacks on emergency workers, urging the cabinet to either revise or withdraw the plan. The advisory body says the proposal excessively restricts the discretion of judges and public prosecutors.

The Council’s Advisory Division stated, “Violence against emergency workers and law enforcement is unacceptable in all cases and must be dealt with firmly. But when determining which penalties judges may impose, the legislature must allow sufficient room for judges to tailor sentences to individual cases.”

Right-wing parties have long pushed for harsher punishments for those who assault emergency personnel. The previous cabinet proposed in December that community service could should be imposed alongside a prison sentence in such cases.

Currently, community service is not allowed in severe cases of assault. The Council of State warned that expanding this restriction to less serious incidents could be “disproportionate in some cases.”

The advisory body also questioned whether the measure would effectively prevent repeat offenses. The Council for the Judiciary similarly noted last fall that the bill limits judicial discretion too much.