Article 257e of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) governs objection (verzet) to a penal order (strafbeschikking) issued by the Public Prosecution Service. If you file an objection in time, the case goes to a criminal court, which reviews it in full. The general deadline is 14 days.
Table of contents
What is the deadline for an objection?
- 14 days after the penal order was handed to you in person, or after you otherwise became aware of it.
- Six weeks after sending, for a penal order with a fine of 340 euro or less, for an offence committed no more than four months before the order was sent.
The deadline keeps running even if you do not open your post.
When is an objection no longer possible?
You lose the right to object if you voluntarily pay or comply with the penal order. You also lose it if you waived it in writing with the assistance of a lawyer.
How do you file an objection?
At the prosecution office (parket) named in the penal order: in person, by a signed letter to the public prosecutor, or electronically through the facility designated for this. State your name and identify the penal order, or attach a copy. You may add your objections. The prosecutor then brings the case before the subdistrict court (kantonrechter) or police judge (politierechter). The prosecutor may also withdraw or amend the penal order.
Frequently asked questions
Can I withdraw my objection?
Yes, until the hearing on the objection begins. You then cannot object again.
Does paying after filing an objection cancel it?
Not automatically. An objection already filed does not lapse simply because you pay afterwards, but get advice before paying.
Related terms
- Penal order
- Article 257a Code of Criminal Procedure (penal order)
- Article 408 Code of Criminal Procedure (deadline for criminal appeal)
- Missing a deadline
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.
