At an OM hearing (OM-zitting), a public prosecutor discusses the offence you are suspected of and may then impose a penalty order (strafbeschikking) without a judge. If you disagree with that penalty order, you can object to it within 14 days, after which a court will hear the case.
An OM hearing looks less formal than a court hearing, but a penalty order is a criminal sanction that can be recorded in your judicial record. That can affect a Certificate of Good Conduct (VOG) and, for internationals, sometimes other applications as well. Below we explain what happens at the hearing, what your rights are and how to object.
What is an OM hearing?
An OM hearing is a meeting with a public prosecutor or a prosecution officer of the Public Prosecution Service (Openbaar Ministerie, OM). You are invited to respond to the suspicion before the OM decides how to deal with the case itself.
The OM can settle many less serious criminal cases without going to court, by issuing a penalty order. The hearing gives you the opportunity to tell your side of the story, to correct facts and to explain your personal circumstances. The prosecutor then decides whether to impose a penalty order, and if so which penalty, or whether the case should go to court or be dismissed.
The hearing is not public and usually takes little time. It is often held at a court building or an OM office. You receive a written summons stating the date, time, place and the offence you are suspected of.
What can a penalty order contain?
Under Article 257a of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv), the OM can impose a penalty order for minor offences and less serious crimes. It can include, among other things:
- a fine;
- community service (taakstraf) of up to 180 hours;
- a driving disqualification (ontzegging van de rijbevoegdheid) of up to six months;
- an obligation to pay compensation to the victim;
- a behavioural instruction, such as a ban on entering a certain area or stadium;
- forfeiture of seized items.
The OM cannot impose a prison sentence. A custodial sentence always requires a decision by a judge.
When will you be summoned for an OM hearing?
You will be summoned if the OM is considering a more serious penalty order, or wants to hear you before deciding. For certain penalties, such as community service, a driving disqualification or a behavioural instruction, the OM must hear you first (Article 257c Sv).
OM hearings are common in cases such as driving under the influence of alcohol or drugs, serious traffic offences, shoplifting, simple assault, vandalism and other less serious violent or property offences. In many minor cases, you do not have a hearing and simply receive the penalty order by post.
For juveniles, separate rules apply. A young suspect is in principle heard before a penalty order is imposed and has a right to legal assistance.
How does an OM hearing proceed?
The hearing is usually short and businesslike. The prosecutor checks your identity, explains what you are suspected of, gives you the opportunity to respond and then tells you what settlement the OM has in mind.
Before the hearing, you or your lawyer can ask to see the case file. That is important, because you then know what the evidence is before you decide what to say. The prosecutor must tell you at the start that you are not obliged to answer questions.
Sometimes the prosecutor issues the penalty order during or immediately after the hearing. In other cases you receive the decision later by post. Read it carefully: the penalty order states which penalty has been imposed and how and within what period you can object.
Do you have to attend the OM hearing?
You are not obliged to attend, but staying away is rarely wise. If you do not appear, the OM can still decide on your case, without hearing your explanation or taking your circumstances into account.
The hearing is often the best moment to influence the outcome. You can clarify misunderstandings, point out weaknesses in the evidence or explain why a particular penalty would hit you disproportionately hard, for example because you need your driving licence for work. If you cannot attend on the date given, contact the OM in advance and ask for a new date.
Should you make a statement or remain silent?
You have the right to remain silent (Article 29 Sv), and you never have to confess. Whether it is wise to make a statement depends on the case file and the strategy in your case.
Sometimes a clear explanation straight away helps, for example if there is a simple misunderstanding or strong mitigating circumstances. In other cases it is better to say little or nothing, because you may otherwise confirm evidence that was weak without your statement. Without insight into the file, it is hard to judge this. That is why it helps to prepare the hearing with a lawyer.
You are entitled to be assisted by a lawyer at the hearing. A criminal defence lawyer can study the file, prepare your statement with you, argue for a more lenient settlement or for dismissal, and advise you afterwards on whether to object.
What are the consequences of a penalty order?
A penalty order that has become final is recorded in the judicial documentation system, often called your criminal record. The penalty itself may seem modest, but the registration can have consequences for years.
A registration can play a role in:
- an application for a Certificate of Good Conduct (VOG), which many employers require;
- work in sectors such as security, healthcare, education, childcare, finance and government;
- permits, licences and screenings;
- an application for naturalisation and, in serious cases, your residence permit;
- the assessment of repeat offending if you are suspected of a new offence.
Whether a VOG is refused depends on the nature of the offence, the job applied for and the time that has passed. Anyone who looks only at the amount of the fine may miss the bigger picture.
How do you object to a penalty order?
You object by filing a notice of objection (verzet) with the OM within 14 days (Article 257e Sv). The case is then brought before a judge, who assesses it afresh.
The 14-day period starts on the day the penalty order was handed to you in person, or on the day it is otherwise clear that you knew about it. If you do not object in time and do not pay, the OM can still enforce the penalty order. If you pay the fine, you accept the penalty order and it becomes final.
After an objection, the case is usually heard by the subdistrict court judge (kantonrechter) or the police judge (politierechter). The judge examines whether the offence has been proven and which penalty is appropriate. The judge is not bound by the penalty order and can impose a lower penalty, acquit you, or impose a higher penalty. Weigh that risk before you object.
Object in particular if you believe you are innocent, the evidence is insufficient, the penalty is too high or the consequences for your work or residence are disproportionate. Do not pay or sign anything before you have taken advice, because that can weaken your position.
What should you do when you receive a summons?
Read the summons immediately and seek advice early. The sooner a lawyer is involved, the more room there is to prepare and steer the outcome.
- Note the date, time and place of the hearing.
- Keep all letters and documents you receive.
- Request the case file, or ask your lawyer to do so.
- Collect documents on your personal circumstances, such as proof that you need your driving licence for work.
- Do not pay or sign anything before you have taken advice.
- Contact a lawyer in good time, especially if you dispute the suspicion, your job depends on a VOG or your driving licence is at risk.
The OM explains its own procedure on its page about the penalty order (strafbeschikking).
In summary
- At an OM hearing, the Public Prosecution Service can impose a penalty order without a judge.
- A penalty order can include a fine, up to 180 hours of community service, a driving disqualification of up to six months or a compensation order, but never a prison sentence.
- You have the right to remain silent and to be assisted by a lawyer.
- A final penalty order is recorded and can affect a VOG, your work and some residence applications.
- You can object within 14 days (Article 257e Sv); the case then goes to a judge.
Frequently asked questions
Am I obliged to attend an OM hearing?
No, but staying away is rarely wise. If you do not appear, the OM can decide without hearing your explanation. If the date does not suit you, ask for a new one in advance.
Is an OM hearing the same as a court case?
No. At an OM hearing, the Public Prosecution Service deals with the case itself and no judge is involved. A judge only becomes involved if you object to the penalty order or if the OM sends the case to court.
Do I receive the penalty order immediately?
Not always. Sometimes the prosecutor issues it during or right after the hearing, sometimes you receive it later by post. The 14-day period for objecting starts once you have received it or knew about it.
Do I have to confess?
No. You have the right to remain silent and never have to confess. Whether a statement is wise depends on the case file, so discuss it with a lawyer beforehand.
Can a penalty order affect my Certificate of Good Conduct (VOG)?
Yes. A final penalty order is recorded in the judicial documentation system and can be taken into account when a VOG is assessed, depending on the offence and the job.
How do I object to a penalty order?
File a notice of objection (verzet) with the OM within 14 days (Article 257e Sv). A judge then hears the case and can impose a lower, the same or a higher penalty, or acquit you.
May I bring a lawyer to the OM hearing?
Yes. You are entitled to legal assistance at the hearing. A lawyer can study the file beforehand, prepare your statement and argue for a more lenient outcome.
Is an OM hearing serious?
Yes, it can be. Even without a court case, a penalty order can have lasting consequences because of the registration and the effect on your work, a VOG or residence applications.
Law & More assists suspects at OM hearings and in objection proceedings against penalty orders. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
