Article 257a Code of Criminal Procedure (penal order)

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Article 257a of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) allows the public prosecutor (officier van justitie) to settle a case with a penal order (strafbeschikking), without a court hearing. This is possible for minor offences (overtredingen) and for crimes (misdrijven) carrying a maximum of six years’ imprisonment or less.

Which penalties can a penal order contain?

  • community service (taakstraf) of up to 180 hours;
  • a fine (geldboete);
  • withdrawal of objects from circulation (onttrekking aan het verkeer);
  • a payment to the state for the benefit of the victim;
  • a driving disqualification of up to six months.

Imprisonment cannot be imposed by penal order.

Which conditions can be attached?

The order may include instructions (aanwijzingen), such as surrendering seized objects, paying an amount to confiscate unlawful gains, paying into the Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven), or other behavioural conditions with a probation period of up to one year.

What are the requirements and consequences?

The penal order must be in writing and state the facts, the offence, the sanctions, how to object and how it will be enforced. For a crime, it must be translated if you do not sufficiently understand Dutch. A penal order is not an acquittal or a dismissal: if you do not object, it becomes final. For a crime, it is usually recorded in the judicial documentation system, which can affect a certificate of good conduct (VOG).

Frequently asked questions

How do I challenge a penal order?

By filing an objection (verzet) under Article 257e Sv, generally within 14 days.

Can a victim challenge it?

Yes. A victim can complain to the court of appeal under Article 12 Sv.

Related terms

For help with a penal order, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.