Dismissal (sepot): the prosecutor decides not to prosecute you (insufficient evidence or no interest in prosecution)
Penalty order (strafbeschikking): the prosecutor imposes a penalty themselves without the intervention of a judge
Public Prosecutor’s hearing (OM-zitting / TOM-zitting): the prosecutor discusses the case with you and proposes a penalty
Summons (dagvaarding): you must appear before the police judge (politierechter) for simple cases or the multiple-judge chamber (meervoudige kamer) for complex cases
With each route, you have rights and possibilities to defend yourself. A criminal defence lawyer knows these routes and knows which strategy is most promising in your situation.
Time limits are crucial in criminal law. With a penalty order, you have 14 days to lodge an objection (verzet). With a verdict, you have 14 days for an appeal (hoger beroep). One day too late is definitively too late. Therefore, always engage a lawyer immediately as soon as you receive a letter from the Public Prosecution Service (Openbaar Ministerie).
What can you do?
The most important step you can take is: engage a criminal defence lawyer immediately. Do not wait. The sooner your lawyer is involved in the case, the better they can prepare your defence.
Your lawyer can request the file from the Public Prosecution Service, analyse the evidence, hear witnesses, determine a defence strategy, and prepare you for the hearing. A good preparation often makes the difference between conviction and acquittal, or between a heavy and a light penalty.
At Arslan Advocaten, we have criminal defence lawyers who are in the courtroom daily. We know the judges, the prosecutors, and the procedures. We use that experience for you.
Understanding the Penalty Order (Strafbeschikking)
A penalty order is a written decision from the public prosecutor imposing a penalty for a criminal offence without going to court. It is often used for less serious offences, such as traffic violations, minor drug offences, or petty theft. The penalty can be a fine, a community service order, or a conditional sentence.
This procedure is intended to be quick and efficient, sparing the courts from dealing with minor cases, but it also means that you do not have the opportunity to present your side of the story before a judge. Therefore, carefully weighing whether to accept the penalty order or lodge an objection is essential.
The penalty order will include the facts of the case as the prosecutor sees them, the legal basis for the charge, and the proposed penalty. If you believe the facts are incorrect or the penalty is unjustified, you should consider lodging an objection.
How to Lodge an Objection (Verzet) Against a Penalty Order
If you decide not to accept the penalty order, you have the legal right to lodge an objection, called verzet , within 14 days of the date on the penalty order. This objection must be submitted in writing to the court specified in the penalty order.
Lodging an objection means the case will be brought before a judge, who will review the evidence and hear your defence. This effectively transforms the case from a summary administrative procedure into a full criminal trial. It is important to note that once you lodge an objection, the penalty order no longer applies, and the prosecutor will have to build a stronger case.
During the court hearing, you have the right to be present, to be heard, to present evidence, and to have legal representation. This is why engaging a criminal defence lawyer early in the process is crucial to ensure your rights are protected and your defence is properly prepared.
Failing to lodge an objection within the 14-day period means you accept the penalty order, and the penalty will become final and enforceable.
Consequences of Accepting or Objecting to a Penalty Order
Accepting a penalty order generally means that you acknowledge the offence and accept the imposed penalty without further contesting the case. This can be a quick and straightforward way to resolve minor offences without a court appearance. However, accepting a penalty order results in a criminal record, which might affect insurance, employment opportunities, or immigration procedures.
On the other hand, lodging an objection opens the door to potentially having the penalty reduced, dismissed, or even acquitted if the evidence is insufficient or your defence is persuasive. However, this also means that the case will proceed to court, which can be time-consuming and carries the risk of a harsher penalty if the judge finds you guilty.
In some cases, the prosecutor might offer a plea bargain or alternative sanctions during the court proceedings, which could be more favourable than the original penalty order. Your lawyer can negotiate and advise you on the best approach based on your specific circumstances.
Tips for Dealing with a Penalty Order
Read the penalty order carefully: Understand what offence you are accused of and what penalty is proposed.Check the deadline: You have only 14 days to object. Missing this deadline means automatic acceptance.Gather evidence: If you intend to object, collect any documents, witness statements, or other information that supports your defence.Contact a lawyer immediately: Early legal advice can prevent mistakes and improve your chances of success.Do not communicate directly with the prosecutor: Let your lawyer handle all communications to avoid misunderstandings or unintended admissions.Consider the long-term consequences: Even a small penalty can affect your criminal record and future prospects.
Frequently asked questions
Does a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal assistance (toevoeging). You then only pay a personal contribution depending on your income — for the lowest incomes only €188.
Can I choose my own lawyer?
Yes, you always have the right to free choice of lawyer. You can state your own lawyer to the police (voorkeursmelding) and you can change lawyers at any time.
Does Arslan Advocaten speak my language?
Our lawyers speak Dutch, Turkish, Polish, and English. We can assist you in your own language, which is crucial in criminal law.
