Penalty Order Procedure in Rijswijk

Penalty Order Procedure in Rijswijk

The penalty order procedure provides a swift resolution in Rijswijk for minor offenses handled by the public prosecutor, without immediate court involvement. Examples include traffic fines or petty shoplifting in downtown Rijswijk. Residents receive a letter outlining the proposed penalty and have 14 days to file an objection with the Rijswijk District Court. This streamlines the process for the Public Prosecution Service (PPS) and saves time for local residents.

Why a Penalty Order in Rijswijk?

This procedure accelerates the criminal resolution for less serious offenses, such as parking violations near Rijswijk City Hall or minor traffic errors on Prinses Beatrixlaan. It eases the workload on the Rijswijk District Court and regional police. Rijswijk residents benefit from quick resolutions, with the option for prompt objection if the penalty seems unfair. Since September 1, 2023, under the Public Prosecution Service Penalty Order Act, this replaces the old transaction system: now allowing direct fines, community service, or conditional sanctions.

Legal Basis of the Penalty Order

The rules are set out in the Code of Criminal Procedure (CCP), Title IIIa, Articles 257a-257k. Key points for Rijswijk:

• Art. 257a CCP: Public prosecutor may impose penalties up to a maximum of 1 year imprisonment.
• Art. 257c CCP: Written notice detailing facts, penalty, and objection information.
• Art. 257f CCP: Objection to be filed within 14 days with the Rijswijk District Court.
• Art. 257i CCP: Objection leads to a hearing as a standard criminal case.

This ensures efficiency and safeguards. For more info, see our article on the criminal procedure.

The Penalty Order Procedure Step by Step in Rijswijk

Here's how it works for Rijswijk residents:

1. Report and Investigation: Rijswijk police investigate and forward the file to the PPS.
2. PPS Decision: Choice between dismissal, penalty order, or summons for simple cases.
3. Receipt of Notice: Sent by mail with description of facts, penalty (e.g., €450 fine), and instructions.
4. Your Response: Accept (pay) or object within 14 days. No response means acceptance.
5. Enforcement: Immediate upon acceptance; hearing at Rijswijk District Court if objected.

Practical Example from Rijswijk

Suppose you run a red light on Van Vlietlaan in Rijswijk and cause a minor scratch. The PPS issues a €400 fine penalty order. Pay it? Case closed. In doubt? Objecting leads to a summons and hearing before the police judge at Rijswijk District Court.

Rights and Obligations under Penalty Order in Rijswijk

Rights:

• Full details on the facts and penalty.
• Access to the case file upon request from the PPS.
• Free objection within 14 days, no lawyer required; consult Het Juridisch Loket Rijswijk for assistance.
• At hearing: full procedural rights, including pro bono counsel.

Obligations:

• Keep your address current with the Municipality of Rijswijk (BRP).
• Comply with penalty if accepted, or face collection.
• Respond promptly to avoid complications.

Comparison: Penalty Order vs. Other Options

Frequently Asked Questions about Penalty Orders in Rijswijk

Tips for Rijswijk Residents

Avoid issues:

• Read everything carefully: Verify facts and amount.
• Object if in doubt: Free and quick via Rijswijk District Court.
• Seek help: Visit Het Juridisch Loket Rijswijk for free consultations.
• Keep address updated: Register changes with Municipality of Rijswijk.