The kantonrechter handles the least serious criminal cases, namely misdemeanours. The procedure is often simple and a lawyer is usually not necessary. What does a case before the kantonrechter entail?
What Does the Kantonrechter Do?
The kantonrechter is a single judge who deals with misdemeanours, the lightest form of criminal offences, and not felonies.
Key Characteristics
| Characteristic | Kantonrechter |
|---|---|
| Number of judges | 1 |
| Type of cases | Misdemeanours |
| Maximum penalty | 1 year detention (not imprisonment) |
| Procedure | Simple and swift |
| Lawyer required? | Not mandatory, often unnecessary |
Which Cases Are Handled?
The kantonrechter rules on misdemeanours under the Criminal Code and specific statutes.
Typical Examples
- Traffic misdemeanours (speeding, running a red light)
- Public drunkenness
- Minor disturbances of public order
- Mild forms of noise nuisance
- Violations of the APV (local bylaws)
- Minor environmental misdemeanours
- Non-compliance with shop closing times
Difference with the Politierechter
| Characteristic | Kantonrechter | Politierechter |
|---|---|---|
| Type of offence | Misdemeanours | Felonies |
| Seriousness of case | Less serious | Moderately serious |
| Custodial sentence | Detention (max. 1 year) | Imprisonment (max. 1 year) |
| Criminal record | Usually not | Usually yes |
How Does the Procedure Work?
A case before the kantonrechter proceeds in a simple manner.
Steps in the Process
- Invitation by post (not an official summons)
- Identity check
- Brief discussion of the case
- Opportunity for the suspect to defend themselves
- Immediate judgment at the hearing
What If You Do Not Appear?
For misdemeanours, it is sometimes possible not to appear in person.
Options
- Judgment in absence: not attending, the judge decides without your presence
- Written response: submitting your defence in writing
- Representation: having someone else appear on your behalf
Possible Penalties
The penalties that the kantonrechter can impose are limited in nature.
Types of Penalties
- Fine (often applied)
- Detention (maximum 1 year, rare)
- Community service (community service order)
- Driving disqualification (in traffic cases)
Possibility of Appeal
Appealing a judgment of the kantonrechter is not always possible.
Conditions for Appeal
- Only for fines higher than €50 or other penalties
- Deadline for filing: 14 days
- Handled by the court of appeal
Practical Tips for Rijswijk
- Study the summons carefully: what exactly are you accused of?
- Determine whether it is useful to appear
- For minor misdemeanours, a lawyer is often not necessary
- For higher penalties or fines: consider a defence
Local Information for Rijswijk
For cases in Rijswijk, you fall under the District Court of The Hague. For legal advice, you can go to the Juridisch Loket Rijswijk. They offer free help with simple legal questions and can refer you if necessary.
Frequently Asked Questions
What happens if I am suspected of a misdemeanour?
You have the right to legal assistance, the right to remain silent and the police must inform you of your rights. Being suspected does not mean you are guilty.
How long can I be detained?
Without a judge's permission, you may be detained for a maximum of 10 days. After that, a judge must approve an extension of pre-trial detention.
What is the difference between a misdemeanour and a felony?
A felony is more serious and can lead to imprisonment. A misdemeanour is lighter and is often settled with a fine.
Am I entitled to a lawyer?
Yes, you always have the right to legal assistance. If you cannot afford it, it can be arranged free of charge. The police must inform you of this.
Can I object to a judgment?
Yes, under certain conditions you can appeal, for example for a fine higher than €50. This must be done within 14 days.