In Dutch criminal law, criminal offences are divided into crimes (misdrijven) and offences (overtredingen). This distinction has a significant impact on the legal procedure and the penalties that can be imposed, including in Rijswijk.
What is the difference?
Crimes are serious criminal offences, while offences are considered less serious.
Overview of differences
| Criterion | Crime | Offence |
|---|---|---|
| Seriousness of the act | Very serious | Less serious |
| Statute book location | Book 2 CC | Book 3 CC |
| Intent or negligence | Often intent required | Usually no intent required |
| Punishability of attempt | Yes | No (except in exceptions) |
| Accessory liability | Punishable | Not punishable |
| Pre-trial detention | Permitted | Not permitted |
Examples of crimes
Crimes concern the more serious offences that often have serious consequences.
Common crimes
- Theft (art. 310 CC)
- Assault (art. 300 CC)
- Fraud and deception (art. 326 CC)
- Threat with violence (art. 285 CC)
- Driving under the influence (art. 8 RTA)
- Drug trafficking or possession (Opium Act)
- Murder or manslaughter (art. 287-289 CC)
Examples of offences
Offences are less serious acts that are often settled with a fine.
Regular offences
- Minor traffic offences
- Public drunkenness (art. 453 CC)
- Minor damage to property (art. 424 CC)
- Minor noise nuisance
- Breach of local rules (APV Rijswijk)
Impact on the legal procedure
The distinction between crime and offence significantly affects the legal process.
Differences in procedure
| Feature | Crime | Offence |
|---|---|---|
| Police powers | Extensive | Limited |
| Adjudicating judge | Multi-judge panel possible | District court judge |
| Statute of limitations | 6 to 20 years (depending on penalty) | 3 years |
| Criminal record registration | Always | Usually not |
Possible penalties
The severity of penalties differs greatly between crimes and offences.
Highest possible penalties
| Type of penalty | Crime | Offence |
|---|---|---|
| Imprisonment | Yes (up to life) | No |
| Detention | Yes | Maximum 1 year |
| Community service | Up to 240 hours | Up to 240 hours |
| Fine | Up to 6th category (€900,000) | Up to 4th category (€22,500) |
Complex situations
In some cases, it is not immediately clear whether something is a crime or an offence.
Important considerations
- The law indicates whether something is a crime or offence
- In case of unclarity: check the location in the statute book
- Aggravating circumstances can make an act more serious
- Certain offences can be regarded as crimes upon repetition
Frequently asked questions in Rijswijk
What if I am suspected of a crime in Rijswijk?
You have the right to a lawyer, the right to remain silent, and the police must explain your rights. Being suspected does not mean you are guilty. Contact the Juridisch Loket Rijswijk for advice.
How long can pre-trial detention last?
Without trial maximum 10 days, after that a judge must approve it. Pre-trial detention has a maximum duration and varies per case.
What distinguishes a crime from an offence?
Crimes are more serious and can lead to imprisonment, while offences are often settled with a fine.
Can I get legal assistance in Rijswijk?
Yes, you have the right to a lawyer. If you cannot afford it, you can get free help via the Juridisch Loket Rijswijk.
Is appeal possible?
Yes, you can appeal to the court of appeal against a judgment of the district court, such as the Rechtbank Den Haag.