In Rijswijk, the Public Prosecution Service (OM) can settle a criminal case without the involvement of a judge by means of a transaction or penalty order. The suspect pays a fine or performs community service, thereby preventing further prosecution.
Transaction (Settlement)
In a transaction, as regulated in article 74 of the Criminal Code, the OM proposes to close the case if the suspect pays a certain amount. After payment, the possibility of prosecution by the OM lapses.
Characteristics of a Transaction
- Voluntary choice - the suspect can reject the offer
- Payment goes to the State
- No entry on the criminal record (no longer relevant after 5 years)
- No admission of guilt
Penalty Order
A penalty order, as laid down in article 257a of the Code of Criminal Procedure, is a direct imposition of a penalty by the OM without the involvement of a judge.
Possible Sanctions
- Fine
- Community service order (up to a maximum of 180 hours)
- Driving disqualification (maximum of six months)
- Mandatory behavioural conditions
Difference from Transaction
In contrast to a transaction:
- A penalty order is an official determination of guilt
- It is registered on the criminal record
- The penalty can be enforced
Lodging an Objection
If you disagree with a penalty order, you can lodge an objection within 14 days. The case will then be brought before the judge at the District Court of The Hague, who will make an independent decision.
Application in Rijswijk
In Rijswijk, transaction and penalty order are often used for:
- Common offences such as shoplifting or vandalism
- Traffic violations and offences
- Minor violent incidents
- Financial fraud with limited amounts
Frequently Asked Questions about Criminal Cases in Rijswijk
What if I am suspected of an offence in Rijswijk?
You have the right to legal assistance, for example via the Legal Desk Rijswijk. You may remain silent and the police must inform you of your rights. Being suspected does not mean you are guilty.
How long can I be held in pre-trial detention?
Without proceedings, a maximum of 10 days. Thereafter, a judge at the District Court of The Hague must extend the pre-trial detention. This may not continue indefinitely.
What distinguishes a crime from a violation?
A crime is more serious and can lead to imprisonment, whereas a violation 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, pro bono assistance can be arranged via the Legal Desk Rijswijk.
Can I appeal against a judgment?
Yes, you can lodge an appeal at the court of appeal following a judgment of the District Court of The Hague.
Additional Questions about Transaction and Penalty Order
What is the difference between transaction and penalty order?
A transaction is a voluntary agreement with the OM to pay and thereby avoid prosecution, without a criminal record entry or admission of guilt. A penalty order is an imposed penalty, appears on your criminal record and implies guilt. You can lodge an objection against a penalty order, but not against a transaction.
Can I reject a transaction or penalty order?
You can refuse a transaction, after which the OM may decide to bring the case before the court. For a penalty order, you can lodge an objection within 14 days, so that the District Court of The Hague reconsiders the case. Without objection, legal consequences may follow.
How long does a penalty order remain registered?
A penalty order remains permanently on your criminal record. For minor cases, it may have less impact on a Certificate of Conduct application after 5 years. For more serious cases, it remains relevant longer. Contact a lawyer for advice.
What if I do not pay the fine of a penalty order?
The OM can transfer the collection to the CJIB, which can levy attachment on your income or assets. The case may also go to court, which could result in a harsher penalty. Lodging an objection in time is crucial if you disagree.
Can I convert a community service order into a fine?
This depends on the OM and the circumstances. You can submit a request, but the OM is not obliged to agree. Consult a lawyer or the OM about your options.