A policeman from Brabant, who shot a burglar from Maastricht in Heeswijk in April last year in his leg, must still be prosecuted. This was decided by the court of appeal in Den Bosch, lawyer Ivo van de Bergh confirmed to De Telegraaf.

The Maastricht criminal lawyer had filed a complaint about this. The police force previously acknowledged that the officer in question had fired unlawfully, but could not have known that because the official instructions were unclear. The burglar was caught during a burglary in Heeswijk. When he tried to climb over a fence, the officer shot him in the leg.

The chief prosecutor decided not to prosecute the police officer, but did advise the police force to impose a disciplinary penalty. Neither happened. The officer was given an interview and additional training. Moreover, the official instructions were improved. The court of appeal in Den Bosch now finds after handling the so-called article 12-procedure that the officer should be prosecuted after all. "The court derives from the file that the accused fired in order to apprehend the fleeing complainant without there being any danger to him or third parties and that it was not beyond doubt that the accused should have been allowed to use his firearm under those circumstances," the court said. "Under those circumstances, it is appropriate for the criminal court to rule on this case and order the prosecution of the officer." Attorney Ivo van de Bergh called the matter "a justifiable decision."