Introduction: What is a penalty order and why is it important?
A penalty order (strafbeschikking) is a penalty that the Public Prosecution Service (OM) can impose itself for certain criminal offences without the intervention of a judge. In this guide, you will learn what a penalty order is, when it is imposed and how you can respond.
This extrajudicial settlement was introduced in 2008 to relieve the burden on the courts and to provide faster justice for common offences such as shoplifting, simple assault and traffic offences. This was made possible by the Public Prosecution Service Settlement Act, which came into force on 1 February 2008. For you as a citizen, this means that you can be fined without having to appear in court. A penalty order is not a court conviction; only in exceptional cases, such as in the event of an appeal or special circumstances, will the case still be brought before a judge.
In this article, we discuss the definition of penalty orders, the different penalties that the Public Prosecution Service can impose, how you can lodge an objection, and practical tips to avoid mistakes. You will also learn what the consequences are for your criminal record and when it is wise to seek legal advice.
What is a penalty order: key concepts and definitions
Basic definitions
A penalty order is a written decision in which the public prosecutor directly imposes a penalty for a criminal offence. This means that certain cases no longer automatically go to court, but are dealt with by the Public Prosecution Service itself. However, it is not possible to impose a prison sentence in a penalty order. The legal basis for the penalty order can be found in the Code of Criminal Procedure, specifically in Article 257a, paragraph 3, which sets out the procedure and conditions in more detail.
The main difference with a summons is that you are not obliged to appear in court in the case of a penalty order. Guilt is established as soon as you accept the penalties imposed by paying or performing the community service. A penalty order can only be imposed if guilt has been established.
The authority to issue a penalty order lies with:
- The public prosecutor for most criminal offences
- Police officers for certain traffic offences
- Special investigating officers (BOA’s) for specific offences for which they are designated
In addition, authorities such as municipalities and regional services are also authorised to impose administrative penalty orders in certain cases.
After imposing a penalty order, the Public Prosecution Service is responsible for enforcing the penalty imposed.
Related concepts
A penalty order differs fundamentally from an administrative fine. Whereas an administrative fine is imposed by the municipality or other administrative bodies, a penalty order falls under criminal law and is processed by the Central Judicial Collection Agency (CJIB).
An administrative penalty order is a measure imposed by administrative bodies, such as municipal officials, regional offices or environmental services, for certain offences. This mainly occurs in the case of environmental acts or minor offences, such as an environmental offence. The administrative penalty order is an alternative to criminal proceedings and is applied outside the court system.
There is also a difference with the old settlement scheme. With a settlement, you could choose whether you wanted to pay or go to court. With a penalty order, the penalty is imposed immediately, but you can lodge an objection within 14 days. The introduction of the Public Prosecution Service Settlement Act in 2008 made it possible for the Public Prosecution Service itself to settle offences punishable by up to six years’ imprisonment without a court.
Why penalty orders are important in Dutch criminal law
The system of penalty orders plays a crucial role in the efficiency of Dutch criminal law. Every year, approximately 200,000 to 300,000 penalty orders are issued, mainly for traffic offences, shoplifting and minor violent crimes.
The advantages of this system are:
- Faster administration of justice: Cases where guilt is clear are dealt with within weeks
- Cost savings: Less burden on the courts and lower costs for the state
- Faster compensation: Victims can receive compensation sooner
- More time for complex cases: Judges can focus on serious crimes
It is important to emphasise that prison sentences can only be imposed by a judge and not through a penalty order.
More than 90% of penalty orders are accepted by suspects, which demonstrates the effectiveness of this system. However, accepting a penalty order can lead to a conviction that is recorded on the criminal record.
Offences for which a penalty order can be imposed
The Public Prosecution Service (OM) has the authority to impose a penalty order for a wide range of common offences. This means that for common offences, such as simple assault, shoplifting, public drunkenness or drink driving, you can receive an immediate penalty without the case being brought before a judge. The aim of this is to impose penalties quickly and efficiently for offences where guilt is clear and the case is not too complex.
The penalty order can be imposed for offences carrying a maximum prison sentence of six years. In practice, these are often relatively minor offences, for which the Public Prosecution Service can impose various types of penalties. These include a fine, community service or compensation to the victim. However, a prison sentence can never be imposed by means of a penalty order; this remains the prerogative of the court.
Comparison table: penalty order vs other methods of settlement
| Aspect | Penalty order | Administrative fine | Settlement | Court ruling |
|---|---|---|---|---|
| Competent authority | Public Prosecutor’s Office/Police/Special Investigating Officer | Municipality/Administrative body | Public Prosecutor’s Office (expired) | Judge (criminal court) |
| Maximum penalty | Up to 6 years’ imprisonment | Legal maximum | Variable | All penalties possible |
| Appeal possible | Yes, within 14 days | Objection/appeal | Not applicable | Appeal |
| Criminal record | Yes, for criminal offences | No | Was possible | Yes |
| Procedure | In writing | In writing | Choice of suspect | At the hearing |
Step-by-step: What happens in a penalty order
Step 1: Issuing the penalty order
The Public Prosecution Service can impose a penalty order for criminal offences punishable by up to six years’ imprisonment. In practice, this concerns:
- Property offences: Shoplifting, fraud under £500
- Violent offences: Simple assault, threats
- Traffic offences: Driving under the influence, speeding
- Public order: Public drunkenness, vandalism
For more serious offences or when a prison sentence seems appropriate, the case is referred to the court. In special circumstances, such as a complex case, the Public Prosecution Service may also choose to issue a summons instead of a penalty order. The Public Prosecution Service also often opts for a summons in complex circumstances or in the case of vulnerable suspects.
Step 2: Receipt and content of the penalty order
You will receive the penalty order in writing, usually via the CJIB. The letter contains:
- Description of the offence
- Date on which it occurred
- Penalties imposed
- Payment term of 14 days
- Information about lodging an appeal
The Public Prosecution Service can impose various types of penalties:
- Fine: Up to the legal maximum for the offence
- Community service: Up to 180 hours of unpaid work
- Compensation: To the victim or the Violent Crimes Compensation Fund
- Disqualification from driving motor vehicles: Up to 6 months driving ban
- Behavioural instruction: For example, stadium ban
- Confiscation: Of seized items
- Conditions: Such as participation in a rehabilitation programme or a restraining order. A penalty order may also contain instructions that the suspect must comply with. Sometimes several instructions are included, for example behavioural instructions that must be followed during a probationary period.
Step 3: Making a choice – accept or lodge an objection
You have two options after receiving a penalty order:
Option 1: Accept
- Pay within 14 days or perform community service
- The penalty becomes final and is entered on your criminal record (for criminal offences); this means that you can no longer contest this penalty and it is immediately recorded in your judicial documentation
- The procedure is complete
Option 2: Appeal
- Submit a written objection to the court within 14 days
- The case will be referred to the court for full consideration
- You will have the opportunity to present your case and provide evidence
- The judge may confirm, reduce, increase or acquit the sentence.
- After you have lodged an appeal, the public prosecutor may decide to bring the case before the court or to withdraw the penalty order
Common mistakes with penalty orders
Mistake 1: Paying immediately without reading the penalty notice carefully Many people pay automatically because they think they have no choice. Always read carefully what you are accused of and whether the penalty imposed is proportionate. It is important not to pay the fine in the penalty notice if you want to lodge an objection.
Mistake 2: Lodging an objection too late (after 14 days) The 14-day deadline is crucial. After this period, you can only lodge an objection in very exceptional circumstances.
Mistake 3: Lodging an appeal without legal grounds Appealing simply because you think the fine is too high is usually unsuccessful. Make sure you have concrete arguments about the facts or the proportionality.
Pro tip: Always engage a specialist criminal lawyer before accepting a penalty order, especially for offences that will appear on your criminal record.
Consequences of a penalty order
A penalty order can have far-reaching consequences for the suspect. Once a penalty order has been imposed and accepted (e.g. by paying the fine or performing community service), the guilt of the offence is established. This means that a note is made in the judicial documentation, better known as the criminal record. Such a record can have major consequences, for example when applying for a Certificate of Good Conduct (VOG), which is required for many professions and positions.
In addition, a penalty order can affect your ability to practise certain professions or hold certain positions, especially those where integrity is important. It can also have consequences for travelling abroad, as some countries ask for your criminal record.
It is important to know that you can appeal against a penalty order imposed by the Public Prosecution Service. This must be done within 14 days of receiving the penalty order. The appeal will be dealt with in accordance with the rules of criminal law and criminal procedure. During this procedure, you can still submit your case to the court. Because the consequences of a penalty order can be significant, it is wise to always seek legal advice before deciding to appeal or accept the penalty order. This will prevent unnecessary problems with your judicial documentation and ensure that your rights are properly protected.
Practical example: From penalty order to court ruling
Case: Shoplifting of €25, penalty order of €350
Maria received a penalty order for stealing cosmetics worth €25 from a chemist’s shop. The Public Prosecution Service imposed a fine of €350 plus compensation of €25.
Situation:
- First time Maria was suspected of a criminal offence
- Financial problems due to unemployment
- Cooperated with the police investigation
Steps taken:
- Sought legal advice within 10 days
- Objection lodged on the grounds of disproportionate punishment
- Reviewed the case file and prepared the defence
- Attended hearing with solicitor
Result: The judge reduced the fine to £200 and took Maria’s financial situation into account by allowing a payment plan.
| Aspect | For opposition | After court ruling |
|---|---|---|
| Fine | €350 | €200 |
| Total costs | €375 | €225 (after deduction of legal fees) |
| Criminal record | Criminal record entry | Criminal record entry |
| Payment term | 14 days | 6 months |
Frequently asked questions about penalty orders
Question 1: Can the Public Prosecution Service impose a prison sentence on me through a penalty order? No, prison sentences can only be imposed by a judge. However, the Public Prosecution Service can impose community service orders of up to 180 hours as an alternative.
Question 2: Will a penalty order result in a criminal record? Always for crimes, but only in certain cases for offences. This entry in the judicial documentation may have consequences for your Certificate of Good Conduct (VOG). A criminal record can also cause problems when travelling abroad, for example to the United States. For a criminal offence, you will always receive a criminal record if you are 12 years of age or older at the time.
Question 3: What if I cannot pay the penalty order? The CJIB will initiate a collection procedure with reminders, possible seizure of property and, as a last resort, imprisonment (substitute detention).
Question 4: Can I still lodge an objection if I have already paid? No, payment means acceptance of the penalty. Only in cases of payment under duress are exceptions possible.
Question 5: Will I receive an amended penalty order if the Public Prosecution Service has made a mistake? Yes, the Public Prosecution Service can issue an amended penalty order ex officio if there are material errors in the original order.
Conclusion: key points about penalty orders
The penalty order is an efficient tool used by the Public Prosecution Service to deal with common criminal offences quickly. The five most important points are:
- The Public Prosecution Service can impose immediate penalties for offences punishable by up to 6 years’ imprisonment without judicial intervention
- You always have 14 days to lodge an appeal against a penalty order
- Acceptance by payment is final and will result in a criminal record for offences
- Various penalties are possible: fine, community service, compensation, driving ban and behavioural instructions
- Legal advice is essential before accepting a penalty order
The Public Prosecution Service’s policy is aimed at reducing the burden on the judicial system by issuing fewer summonses and imposing more penalty orders.
- The Public Prosecution Service can impose immediate penalties for offences carrying up to 6 years’ imprisonment without judicial intervention
- You always have 14 days to appeal against a penalty order
- Acceptance by payment is final and will result in an entry on your criminal record for offences
- Various penalties are possible: fines, community service, compensation, driving disqualification and behavioural instructions
- Legal advice is essential before accepting a penalty order
If you have any doubts about a penalty order, it is advisable to contact a specialist criminal lawyer at Law & More. They can assess whether an appeal is likely to be successful and guide you through the proceedings. Remember that although a penalty order is efficient, you are always entitled to fair treatment by the court.