What is the district court judge?
The district court judge is one of the three types of judges who handle criminal cases. While the police judge and the multi-judge chamber focus on felonies, the district court judge mostly handles minor offenses. The district court judge is a single-sitting judge.
Which criminal cases are handled by the district court judge?
The district court judge only handles minor offenses and the crime of poaching. Examples of minor offenses include:
- Speeding offenses
- Riding a bicycle without lights
- Public urination
- Disturbance of public order
More serious criminal cases, such as assault or theft, are handled by the police judge or the multi-judge chamber of the court
What happens during a substantive hearing before the district court judge?
The course of a hearing before the district court judge does not differ significantly from that before the police judge or the multi-judge chamber, but the atmosphere is often slightly more relaxed and informal. The hearing begins with the presentation by the public prosecutor. They briefly explain what the defendant is suspected of. After that, the judge will engage in a conversation with the defendant. He will present the documents contained in the file and ask questions about the charges against the defendant. The defendant has the right to remain silent at all times, including during these questions.
Afterwards, the district court judge will need to discuss the personal circumstances of the defendant. It is important that the judge can form a picture of the personal situation. This is particularly relevant for the decision on the type and severity of the sentence the defendant will receive, should they be convicted.
Next, it is up to the public prosecutor to deliver their closing speech (requisitoir). In it, they will explain on the basis of which evidence the various charged facts can be proven, as well as what sentence you should receive for these facts.
Then it is the defense’s turn. A lawyer from our firm can conduct the defense on your behalf with a closing argument, in which it is argued why one or more of the charged facts cannot be proven, or why a lower sentence should be imposed than requested. Possible defenses against a claim for damages are also presented.
The public prosecutor and the lawyer each get one opportunity to respond to each other. This is called rebuttal and surrebuttal. Finally, the judge gives the defendant the opportunity to say something more. The criminal case is, after all, about the defendant, and therefore they have the last word.
Then the hearing is over and the verdict follows.
How soon does the district court judge deliver a verdict?
In principle, the district court judge delivers the verdict immediately. That is right after the conclusion of the trial investigation. This way, you know where you stand immediately. This verdict is delivered orally. Therefore, no extensive written judgment follows. In very exceptional cases, when the judge nevertheless needs more time to reach a verdict, he can also deliver a written judgment. This follows two weeks after the hearing. You will then receive the judgment by mail.
What sentences and measures can the district court judge impose?
The district court judge can impose various light sentences, such as:
- Detention (a type of short-term imprisonment, usually a maximum of a few weeks)
- Fines
- Community service
The district court judge can also impose these sentences conditionally. This means that the sentence is only carried out if the convicted person does not comply with the imposed conditions within a certain period.
In addition, the district court judge can impose supplementary penalties. A common supplementary penalty is the disqualification from driving. This means that you are not allowed to drive a motor vehicle, such as a car or moped, for a certain period.
Finally, the district court judge can also award a claim from the injured party. If you commit a criminal offense in which a victim suffers damage, they can submit a request for compensation. This is called an ‘injured party claim’. The district court judge can award this claim in full or in part if he judges that the damage was actually suffered and you are responsible for it. This amount is in addition to any sentence you may receive.
What can you do if you disagree with the district court judge’s verdict?
If you disagree with the district court judge’s ruling, you can usually file an appeal with the court of appeal. You must do this within 14 days of the ruling. In an appeal, the case is reassessed.
Note: there is an exception. You cannot file an appeal if you have been found guilty but no sentence or only a fine of up to €50 has been imposed. In that case, your interest is too small to go to appeal.
Why is it wise to hire a criminal defense lawyer if you are summoned before the district court judge?
Although the district court judge often only handles minor offenses, a conviction can still have far-reaching consequences for you. Having to undergo detention can turn your life upside down—think, for example, of losing housing or losing your job. In addition, a conviction for a minor offense can quickly result in a note on your criminal record. This can hinder you in obtaining a Certificate of Good Conduct (VOG). A criminal defense lawyer who looks at your case with a critical eye and puts forward the correct legal defenses can therefore mean a lot to you. Small details found in the file can make the difference between a conviction and an acquittal. A criminal defense lawyer can also advise you on the procedural attitude to adopt.
