OM Hearing Procedure in Rijswijk
The OM hearing procedure, also known as the Transaction OM Hearing (TOM Hearing), offers residents of Rijswijk a swift resolution for minor criminal offenses without judicial involvement. The Public Prosecution Service (OM) imposes the penalty directly upon an admission of guilt. This approach eases the burden on the Rijswijk District Court and delivers prompt clarity in the region.
What does an OM hearing in Rijswijk entail?
In Rijswijk, the OM hearing takes place in a dedicated room at the Rijswijk District Court, but the judge plays no role in the decision. A public prosecutor chairs the hearing for misdemeanors and offenses carrying a maximum penalty of three years, such as shoplifting in local stores, traffic fines on Sir Winston Churchill-laan, or minor fights. The aim is efficient processing in the criminal justice chain for Rijswijk residents.
Legal basis of the OM hearing
The procedure is established by the Act of 15 July 2010 introducing the OM hearing, effective from 1 September 2011. Key provisions are found in the Code of Criminal Procedure (CCP):
- Article 257a CCP: Defines the OM hearing and its conditions.
- Article 257b CCP: Governs the summons and citation.
- Articles 257c to 257e CCP: Outline the hearing, admission of guilt, and OM decision.
- Article 257f CCP: Provides for the right of appeal.
It aligns with the TOM principle, under which the OM offers a transaction to halt prosecution.
OM hearing step by step for Rijswijk residents
The hearing typically lasts no more than 30 minutes. Steps:
- Summons from Rijswijk District Court: Receive notice shortly after arrest or report to the Municipality of Rijswijk.
- Preparation: Seek assistance from the Rijswijk Legal Aid Desk. Arrive on time with ID.
- Identification: Prosecutor verifies your ID and reads the charges.
- Admission of guilt: Admit guilt? Penalty imposed immediately. Deny? Referred to the single-judge criminal court at Rijswijk District Court.
- Penalty: Fine, community service, or conditional penalty from the OM.
- Objection: Object immediately or appeal later.
Rights and obligations at an OM hearing in Rijswijk
As a suspect in Rijswijk, you have rights:
- Lawyer (legal aid via Rijswijk Legal Aid Desk).
- Right to silence and no duty to respond.
- Interpreter if language barriers exist.
- Option not to appear (case suspended).
Obligations:
- Arrive on time at Rijswijk District Court; otherwise, risk detention.
- Present ID.
- Comply with penalty within the deadline.
Practical examples of OM hearings in Rijswijk
Example: Theft of €50 from a supermarket in de Bogaard. After summons, you admit guilt at the OM hearing. Prosecutor imposes 20 hours of community service – case closed, no judge.
Another case: Joyriding without a license on Hoefbladlaan. Denial? Straight to the single-judge criminal court at Rijswijk District Court, with longer wait times and costs.
Comparison of OM hearing with other tracks
Overview:
| Aspect | OM hearing | Single-judge court | SEv protocol |
|---|---|---|---|
| Duration | 15-30 min | 1-2 hours | Several weeks |
| Judge? | No | Yes | No |
| Max. penalty | 3 years | No limit (minor) | Minor offenses |
| Admission? | Yes | Not always | Yes |
| Costs | Low | Higher | Low |
See also our article on criminal proceedings outside court.
Frequently asked questions about OM hearings in Rijswijk
Do I have to admit guilt?
No, deny it for referral to the single-judge court at Rijswijk District Court. Admission is faster.
Should I bring a lawyer?
Yes, free legal aid via Rijswijk Legal Aid Desk. Call ahead for criminal law advice.
What if I don't pay the penalty?
Enforced execution such as seizure or imprisonment. Request extension from the OM.
Criminal record after OM hearing?
Yes for fines/community service on judicial documentation. Dismissal leaves no trace.