During an OM hearing, also known as a TOM hearing, the public prosecutor offers a penalty proposal without the involvement of a judge. You have the choice to accept or reject this proposal. What does this mean exactly for you in Rijswijk?
What does an OM hearing entail?
An OM hearing (or TOM hearing: Community Service Public Prosecution Service) is a way to handle criminal cases in which the public prosecutor proposes a penalty without the intervention of a judge.
Key characteristics
| Characteristic | OM hearing |
|---|---|
| Decision-maker | Public prosecutor |
| Type of cases | Less serious offences |
| Voluntary | Yes, your consent is required |
| Criminal record | Yes, upon agreement |
| Appeal | Not possible |
When is an OM hearing applied?
An OM hearing is intended for criminal cases that are not too serious and can be handled quickly.
Examples of cases
- Shoplifting (first time)
- Mild forms of assault
- Limited public violence
- Damage to property
- Possession of drugs for personal use
- Driving under the influence (low alcohol level)
How does an OM hearing in Rijswijk proceed?
An OM hearing is an informal discussion with the public prosecutor, often at the office of the Public Prosecution Service in the region of the District Court of The Hague.
Steps in the process
- Receipt of an invitation letter
- Appearance at the specified address
- Consultation with the public prosecutor
- Presentation of the penalty proposal
- Your decision: accept or reject
- Upon agreement: signing of the agreement
What penalties are possible?
| Type of penalty | Maximum |
|---|---|
| Community service | 180 hours |
| Fine | Depending on the offence |
| Behavioural condition | For example, a contact ban |
| Driving licence disqualification | In some cases |
What if you reject the proposal?
It is your right not to accept the penalty proposal.
What happens upon refusal?
- The case is brought before the judge via a summons
- The judge may impose a heavier penalty
- There is also a chance of acquittal
- You receive full legal protection during a trial
Pros and cons of an OM hearing
Advantages
- Quick handling of the case
- No public trial
- Less stressful than a hearing
- Clarity about the penalty
Disadvantages
- No judicial oversight
- Registration on criminal record upon agreement
- No possibility of appeal
- Acceptance implies admission of guilt
What is a penal order?
A penal order is similar to an OM hearing, but you do not need to be physically present. The public prosecutor imposes a penalty that you can accept or challenge via opposition.
Advice for residents of Rijswijk
- Contact a lawyer or the Juridisch Loket Rijswijk for advice
- Consider the benefits of a quick OM hearing versus a full trial
- Take into account the impact of a criminal record upon acceptance
- If in doubt about your guilt: let a judge decide
Frequently asked questions about OM hearings
Am I obliged to accept the penalty proposal?
No, you do not have to agree. Upon refusal, your case is brought before the judge, for example at the District Court of The Hague. This can be advantageous if you are innocent or expect a milder penalty, but a heavier penalty is also possible. Consulting a lawyer is advisable.
Is an OM hearing registered on my criminal record?
Yes, if you agree to the penalty proposal, it will be recorded on your criminal record. This may affect a certificate of conduct application or future job applications. Think carefully about the consequences of acceptance.
Is appeal possible after an OM hearing?
No, you cannot appeal against an OM hearing. If you reject the proposal, you get the opportunity to bring your case before the judge.