Dutch criminal law divides offences into two categories: serious offences (misdrijven) and minor offences (overtredingen). Serious offences are listed in Book 2 of the Dutch Criminal Code (Sr), minor offences in Book 3. Special statutes, such as the Opium Act and the Road Traffic Act 1994, state which of their offences are serious. The category determines the sentence, the limitation period and whether pre-trial detention is possible.
Why does the distinction matter?
- Only serious offences can lead to a prison sentence (gevangenisstraf). Minor offences carry detention of up to one year or a fine.
- Attempt and aiding are only punishable for serious offences (Articles 45 and 48 Sr).
- Minor offences become time-barred after three years; serious offences after six years or more, and those carrying twelve years or more never (Article 70 Sr).
- Pre-trial detention is only possible for serious offences carrying four years or more, or offences listed separately (Article 67 of the Code of Criminal Procedure, Sv).
- Records of serious offences stay in the judicial documentation system for at least twenty years, which affects a certificate of good conduct (VOG).
How is a serious offence dealt with?
The public prosecutor decides whether to prosecute. He can drop the case, issue a penal order for offences carrying up to six years (Article 257a Sv), or summon the suspect to court. You can object to a penal order within fourteen days.
Related terms
See also penal order, dismissal of a case, certificate of good conduct (VOG) and murder and manslaughter.
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