You Have Received a Transaction Proposal from the Public Prosecutor. What Now?
If the Public Prosecutor believes you are guilty of a criminal offense, in certain cases they can impose a penalty themselves. You will then receive a penalty order or a transaction proposal. Have you received a letter from the CJIB with the letter “T”? Then the Public Prosecutor wants to enter into a transaction with you. In the letter, the Public Prosecutor proposes a fine of a certain amount. Note: the Public Prosecutor has not yet imposed a penalty on you. It is merely a proposal.
Can I Refuse the Transaction Proposal?
You are not obliged to accept the transaction proposal. It is, of course, not called a proposal for nothing. If you do not agree with the transaction proposal, you don’t need to do anything. After the payment deadline has passed, the Public Prosecutor will decide whether to submit your criminal case to the police judge. The Public Prosecutor will then have to prove that you are guilty of a criminal offense. Ultimately, it is the police judge who decides whether (and what) penalty is imposed on you.
What are the Consequences of Accepting a Transaction Proposal?
If you accept the transaction proposal, you prevent having to appear before the police judge. If you agree to the transaction proposal, you have not admitted that you are guilty of the criminal offense. It will, however, be recorded on your criminal record (Judicial Documentation). This information can be an obstacle in obtaining a Certificate of Conduct (VOG). Be aware that this can cause problems when finding an internship or a new job. Therefore, never accept a transaction before you have spoken with your lawyer.
Why is it Advisable to Consult a Lawyer when You Have Received a Transaction Proposal?
If you accept the transaction proposal, this can have consequences for your future. It’s possible that your criminal file contains insufficient evidence for a conviction. Seeking expert advice can potentially prevent unnecessary consequences. For instance, it’s conceivable that your criminal file contains insufficient evidence for a conviction. Therefore, never accept a transaction proposal without first having sought advice from a lawyer. Our lawyers are specialized in criminal law and can advise you on the transaction proposal. Feel free to contact us.
Have You been Invited to a Public Prosecutor’s Community Service Hearing?
The Public Prosecutor may invite you to a so-called Public Prosecutor’s Community Service Hearing. This is also known as a TOM hearing. During this hearing, the Public Prosecutor will make you a transaction proposal in person. No judge is present. It is advisable to bring a lawyer to a TOM hearing. Your lawyer will ensure that the TOM hearing proceeds according to the rules. Moreover, an experienced criminal defense lawyer can immediately assess whether the transaction proposal is reasonable. If necessary, your lawyer will formulate a counter-proposal to settle the case immediately. Experience shows that defendants generally feel more at ease with a lawyer by their side who helps them through these negotiations with the Public Prosecutor. Our criminal defense lawyers can assist you during the TOM hearing. Feel free to contact us without obligation.
What is the Difference between a Penalty Order and a Transaction Proposal?
When the Public Prosecutor makes you a transaction proposal, you will receive a letter from the CJIB with the letter “T”. You are not obliged to pay the transaction proposal. When the Public Prosecutor imposes a penalty order on you, you will receive a letter from the CJIB with the letter “O”. This letter describes the penalty the Public Prosecutor has imposed on you. If you do not file an objection against the penalty order, you are obliged to comply with the penalty.
