In the Netherlands, criminal law recognises various types of penalties, both principal penalties and additional sanctions. Think of prison sentences, community service, fines and driving bans. This article provides a detailed overview, specifically relevant for residents of Rijswijk.
Principal Penalties in Dutch Criminal Law
According to the law, there are four principal penalties that can be imposed independently of other sanctions.
Summary of Principal Penalties
| Type of Penalty | Maximum Duration/Amount | Application |
|---|---|---|
| Imprisonment | Life imprisonment or temporary up to 30 years | For felonies |
| Detention | Maximum 1 year and 4 months | For infractions |
| Community service | Maximum 240 hours | Felonies and infractions |
| Fine | 6 categories, up to €900,000 | All punishable offences |
Categorisation of Fines
Fines are divided into six different categories, as laid down in Article 23 of the Criminal Code.
Fine Categories (2024)
| Category | Maximum Amount |
|---|---|
| First category | €480 |
| Second category | €4,800 |
| Third category | €9,600 |
| Fourth category | €22,500 |
| Fifth category | €90,000 |
| Sixth category | €900,000 |
Additional Penalties
The court may impose additional sanctions alongside principal penalties, depending on the case.
Overview of Additional Penalties
- Deprivation of rights: loss of specific rights, such as voting rights
- Forfeiture: confiscation of goods
- Publication of the judgment: public disclosure of the judicial decision
- Driving disqualification: a prohibition from driving
Conditional Sanctions
A penalty may be imposed in whole or in part conditionally, with the convicted person receiving a probationary period and specific conditions.
Standard Condition
During the probationary period, the convicted person may not commit any new punishable offences.
Specific Conditions
- Mandatory reporting to probation services
- Mandatory treatment
- Prohibition on contact with certain persons
- Prohibition or obligation to be at certain locations
- Payment of compensation to the victim
Measures in Criminal Law
Criminal law also includes measures that are not aimed at punishment, but at protection or restoration of society.
Overview of Important Measures
| Measure | Objective |
|---|---|
| Placement at the government's disposal (TBS) | Treatment and protection of society |
| PIJ measure (juveniles) | Treatment of juveniles |
| Admission to a psychiatric hospital | Short-term treatment |
| Deprivation of criminal proceeds | Confiscation of illegally obtained profits |
| Compensation measure | Compensation for victims |
Combination of Penalties and Measures
It is possible to combine penalties and measures, depending on the situation.
Examples of Combinations
- Imprisonment combined with a conditional penalty
- Imprisonment in combination with TBS
- Community service together with a fine
- Imprisonment plus deprivation of unlawful proceeds
Frequently Asked Questions about Penalties in Rijswijk
What should I do if I am suspected of a felony?
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 pre-trial detention last?
Without a trial, pre-trial detention may last a maximum of 10 days. Thereafter, a judge must approve it. Pre-trial detention has a limited duration.
What distinguishes a felony from an infraction?
A felony is more serious and can lead to imprisonment, whereas an infraction is often settled with a fine.
Am I entitled to a lawyer in Rijswijk?
Yes, you always have the right to legal assistance. If you cannot afford it, this can be arranged free of charge via the Juridisch Loket Rijswijk.
Can I appeal a judgment?
Yes, you have the option to appeal to the court of appeal.
Relevant Authorities in Rijswijk:
- Court: District Court of The Hague (district)
- Legal Assistance: Juridisch Loket Rijswijk