An administrative fine is a financial sanction imposed by the government without court involvement. Its purpose is to punish an offence.
Definition of an Administrative Fine
An administrative fine is a penal measure whereby you must pay a sum of money. Unlike a coercive fine, which aims to restore a situation, this fine is purely intended as punishment.
Examples of Administrative Fines in Rijswijk
- Fine from the Tax Authorities for incorrect tax return
- Fine from the UWV for undue benefits
- Fine from the Municipality of Rijswijk for violations of local rules
- Fine from the Dutch Data Protection Authority for privacy breaches
- Fine from the ACM for breach of competition rules
Procedure for an Administrative Fine
| Step | Description |
|---|---|
| Intention | You receive an announcement of the proposed fine |
| Response | You can respond and state your position before the final decision |
| Final Decision | The fine is officially imposed |
| Objection | Within 6 weeks, you can lodge an objection against the decision |
Your Rights Regarding a Fine
Due to the penal nature of the fine, specific safeguards apply:
- Right to remain silent: you are not obliged to contribute to your own conviction
- Innocent until proven guilty: the burden of proof lies with the government
- Proportionality: the penalty must be appropriate to the offence
Factors Determining the Amount of the Fine
The amount of an administrative fine is determined by:
- The statutory maximum
- The severity of the offence
- The degree of your culpability
- Your financial situation
Frequently Asked Questions about Administrative Fines in Rijswijk
Am I required to pay the fine during objection proceedings?
Yes, in most cases you must pay, unless you request an interim measure or obtain a payment deferral.
Can the amount of the fine be adjusted?
Yes, if the fine is disproportionate, it can be reduced by the administrative authority or the court.
Is an administrative fine recorded on my criminal record?
No, this fine is administrative and does not appear on your criminal record.
Extra Questions and Answers
How much time do I have to lodge an objection?
You have six weeks from the day after the dispatch of the decision to lodge an objection. This deadline is strict; late submission may result in inadmissibility. Preferably submit your objection by registered mail or digitally.
What if I do not pay the fine?
If you do not pay, the government may proceed to enforced collection, such as garnishment of your income or assets. Additional costs may also be added.
Is a payment arrangement possible?
Yes, you can often arrange a payment plan with the administrative authority if you cannot pay the fine in one go. Contact them and explain your situation.
What distinguishes an administrative fine from a criminal fine?
An administrative fine is imposed by an administrative authority and does not appear on your criminal record, whereas a criminal fine goes through the court and is registered.
How do I prove that the fine is too high?
Use arguments such as your financial situation, the severity of the offence, and measures taken. Support this with evidence in your objection or response.
What is the difference between a response and an objection?
A response allows you to present your side of the story before the final decision. An objection is lodged after the decision to challenge it.
Relevant Authorities in Rijswijk: For legal advice, you can contact the Juridisch Loket Rijswijk. Cases are often handled by the District Court of The Hague.