What is a Penalty Order?
If you have received a penalty order, it means that the public prosecutor has determined that you are guilty of one or more criminal offenses. The public prosecutor has given you the punishment stated on the penalty order.
The punishment that can be imposed on you through a penalty order may consist of community service, a fine, disqualification from driving, an obligation to pay compensation, or a “withdrawal from traffic”. Additionally, it’s possible that you receive a combination of the aforementioned punishments or that you are required to temporarily comply with very far-reaching instructions regarding your behavior.
For which Criminal Offenses Can You Receive a Penalty Order?
The public prosecutor can issue a penalty order for all misdemeanors and for crimes punishable by a maximum prison sentence of six years. The intention is that the penalty order is issued for relatively minor criminal offenses. These can include simple assault, vandalism, threats, and a number of traffic offenses such as speeding and driving under the influence.
What are the Consequences of a Penalty Order?
If you have received a penalty order, you must be aware that a penalty order is not the same as a regular fine. A penalty order can have very far-reaching consequences.
For instance, an issued penalty order for committing a crime will always be recorded in your judicial documentation (criminal record). As a result of that entry on your criminal record, you may not receive a certificate of good conduct (VOG). This can lead to problems with your employer or with finding a job or internship. Additionally, it’s important to know that the penalty order is equated with a judicial conviction. As a result, the penalty order is used in determining recidivism. This means that if you commit another criminal offense, you may receive a higher punishment because you have already committed a (similar) criminal offense as recorded on your criminal record. Another significant consequence is that you may be required to provide your DNA for inclusion in the DNA database due to a penalty order.
How is a Penalty Order Established?
The penalty order was introduced because it is a cheaper and faster alternative to the procedure before the criminal court. More cases can be settled through a penalty order in a shorter period, as the public prosecutor both initiates prosecution and imposes punishment when issuing a penalty order.
However, there are risks associated with granting this dual authority. It is the public prosecutor under whose responsibility the evidence is collected by the police. The same prosecutor then assesses whether to proceed with prosecution based on that evidence, after which he also determines if there is sufficient evidence for a conviction. An independent judge who evaluates the evidence does not appear in the entire process. As a result, it often happens that the public prosecutor wrongly concludes that there is sufficient evidence to find you guilty. It frequently occurs that an independent judge later acquits someone who received a penalty order.
Do You Disagree with a Penalty Order?
You should always consider whether you agree with the penalty order you have received. It may be that you find the punishment you’ve received too severe, or you may believe that you have been unjustly punished. You can then object by filing an opposition.
If you disagree with the penalty order for any reason, it is advisable to contact a specialized criminal defense lawyer immediately. The lawyer can then request the case file and discuss the options with you.
What is the Deadline for Filing an Opposition against a Penalty Order?
An opposition against a penalty order can be filed within 14 days. The 14-day period starts after the penalty order has been personally served to you or when it is established that you have become aware of it in another way.
How Can your Lawyer Assist with a Penalty Order?
It is always advisable to consult a lawyer if you have received a penalty order. A criminal defense lawyer can then review the case file and investigate whether there is actually sufficient evidence. A criminal defense lawyer can also assess whether there is, for example, self-defense (justifiable defense) or circumstances that could mitigate the punishment. The question of whether you are guilty or innocent is not relevant in this context. The judge only answers the question of whether there is sufficient evidence for a conviction. If there is insufficient evidence available, a lawyer can argue this for you, and a judge will acquit you. But for that to happen, you must file an opposition against the penalty order.
Can your Lawyer File an Opposition against a Penalty Order?
You can object to a penalty order by filing an opposition with the Public Prosecution Service. Even if you agreed to the penalty order at the police station without the presence of a lawyer, you can still file an opposition. You have two weeks to do this. If you do not submit a notice of opposition within those two weeks, you can no longer change anything about the penalty order, and it will be executed.
Opposition must be filed in the correct manner. A lawyer can help you with this and can further increase your chances of success. A criminal defense lawyer knows through experience and expertise better than anyone else what points to pay attention to and which legal defenses to put forward. Feel free to contact one of our criminal defense lawyers.
Invited for a Public Prosecution Service Hearing, What Now?
If the public prosecutor intends to impose a penalty order on you with community service, a driving ban, a behavioral measure, or a payment obligation of more than €2000, he must first hear you. You will then be invited to a so-called Public Prosecution Service hearing. During this hearing, you have the right to be assisted by a lawyer. If you decide to use the assistance of a criminal defense lawyer, they will discuss the case with you and provide you with the appropriate advice. Furthermore, the lawyer can bring relevant points to the attention of the prosecutor before the prosecutor decides whether or not to impose the penalty order. You can file an opposition against this penalty order.
What Happens after Filing an Opposition?
After filing an opposition, the case should go to court. However, this doesn’t always happen when an opposition has been filed (in 2015, 60% of opposition cases went to court). In the remaining cases, the penalty order is withdrawn (dismissed) or modified.
Of the cases that eventually ended up in court, the defendant was acquitted in a significant portion (in 2015, about 23% were acquitted). Also, in many cases, the punishment imposed by the judge upon conviction is lower than in the penalty order.
The figures once again indicate that it can be beneficial to file an opposition against a penalty order. Our lawyers are happy to assist you in this procedure.
What is the Difference between a Penalty Order and a Transaction Proposal?
When the Public Prosecution Service imposes a penalty order on you, you will receive a letter from the CJIB with the letter “O”. This letter describes the punishment the Public Prosecution Service has imposed on you. If you do not file an opposition against the penalty order, you are obliged to comply with the punishment. When the Public Prosecution Service sends you a transaction proposal, you will receive a letter from the CJIB with the letter “T”. To avoid having to appear before the criminal court, you can choose to pay the transaction proposal. You are not obliged to do so.
