What is a Penalty Order?
A penalty order is a punishment imposed on you by the public prosecutor. You receive a penalty order if the public prosecutor considers it proven that you have committed a criminal offense.
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. You may also be required to follow instructions regarding your behavior, or to pay back your profits from the criminal offense.
For which Criminal Offenses Can You Receive a Penalty Order?
A penalty order can be issued for all minor offenses and for crimes carrying a maximum prison sentence of six years. The intention is for the penalty order to be issued for relatively minor criminal offenses. These include, for example:
- Simple assault
- Threatening
- Vandalism
- Theft
- Traffic offenses, such as speeding or driving under the influence
What are the Consequences of a Penalty Order?
A penalty order can have far-reaching consequences. A penalty order is not the same as a normal fine.
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?
A penalty order is established without the intervention of a judge. The Public Prosecution Service collects the evidence and the public prosecutor then determines whether you are guilty and what punishment you will receive. There is therefore no independent judge who tests the evidence. This involves risks: it frequently happens that the public prosecutor wrongly judges that there is sufficient evidence and imposes a penalty order on you. An independent judge would have acquitted you of the criminal offense in such a case. It is therefore of great importance to seek assistance from an expert criminal defense lawyer. The lawyer can go through the case with you and assess whether there is actually sufficient evidence against you for a conviction.
Invited for a Public Prosecution Service Hearing, What Now?
If the public prosecutor intends to impose a penalty order with community service, a disqualification from driving, a behavioral measure, or a payment obligation of more than €2,000, he must first hear you. You will then be invited to a so-called OM hearing. During this hearing, you will be given the opportunity to explain your side of the story. After the hearing, the public prosecutor decides whether to impose a penalty order on you.
During this OM 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 right advice. Furthermore, the lawyer can bring relevant points to the attention of the prosecutor.
Do You Disagree with a Penalty Order?
If you disagree with the penalty order, you can file an opposition against it. For example, you may object to the penalty order because you find the imposed punishment too high, or because you believe you have been wrongly punished.
You have 14 days to file an objection, counting from the moment you received the penalty order or otherwise became aware of the penalty order. If you do not submit the opposition within 14 days, you can no longer change anything about the penalty order and it will be executed.
Even if you agreed to the penalty order at the police station in the absence of a lawyer, you can still file an opposition. In all cases, it is wise to contact a specialized criminal defense lawyer immediately. The lawyer can request the file and discuss the possibilities with you.
What Happens after Filing an Opposition?
After filing an opposition, the case is sent back to the public prosecutor. They will reassess the case and decide whether to withdraw the penalty order, adjust it, or to still bring the case before the court.
Why is it wise to engage a lawyer if you have received a penalty order?
It is wise to engage a lawyer immediately if you have received a penalty order, because a penalty order can have major consequences for you. You are officially declared guilty of a criminal offense, which usually leads to a note on your criminal record. This can make it difficult for you to apply for a certificate of good conduct (VOG). Therefore, it is important to take the penalty order seriously and seek legal advice, no matter how low the punishment may be.
A specialized criminal defense lawyer can for you:
- Review the file and check whether there is actually sufficient evidence to declare you guilty.
- Investigate whether there is a case of self-defense or other circumstances that reduce the severity of the act.
- Advise on whether or not to file an opposition against the penalty order.
- Ensure that opposition is filed in the correct way and within the legal term.
- Increase your chance of success, because a lawyer knows exactly which legal points to look out for and which defenses he can put forward.
A criminal defense lawyer has the experience and expertise to guide you well in this process. Please feel free to contact us without obligation with one of our specialized criminal defense lawyers for advice or assistance.
