An administrative fine is a financial sanction imposed by the government without court involvement. Its purpose is to punish an offence.
What does an administrative fine entail?
An administrative fine is a penal measure whereby you must pay a sum of money. Unlike a coercive fine, which aims to restore a situation, this fine is purely intended as punishment.
Examples of administrative fines
- Fine from the Tax Authorities for incorrect tax return
- Fine from the UWV for fraud with benefits
- Fine from the Municipality of Zoetermeer for misuse of social provisions
- Fine from the Dutch Data Protection Authority for privacy breach
- Fine from the ACM for violation of competition rules
Steps in the procedure
| Step | Description |
|---|---|
| Intention | You receive an announcement of the proposed fine |
| Response | You have the opportunity to respond before the fine becomes final |
| Final decision | The decision to impose the fine is established |
| Lodge objection | Within 6 weeks you can lodge an objection against the fine |
Legal protection for fines
Due to the punitive nature of a fine, specific rights apply:
- Right to remain silent: you do not have to contribute to your own conviction
- Innocent until proven guilty: the burden of proof lies with the government
- Proportionality: the penalty must be appropriate to the offence
Factors determining the amount of the fine
The amount of an administrative fine is determined by:
- The statutory maximum
- The severity of the offence
- The degree of culpability attributable to you
- Your financial situation and ability to pay
Frequently asked questions about administrative fines
Am I required to pay the fine during objection?
Yes, in most cases you must pay, unless you obtain an interim measure or payment deferral is granted.
Can the amount of the fine be adjusted?
Yes, if the fine is disproportionate, it can be reduced by the administrative authority or the court.
Is an administrative fine recorded on my criminal record?
No, this fine falls outside criminal law and is not recorded on your criminal record.
Additional questions and answers
How much time do I have to lodge an objection against a fine?
You have six weeks from the day after dispatch of the decision to lodge an objection. This deadline is strict; late submission may lead to inadmissibility. Preferably submit your objection by registered mail or digitally via the counter of the Municipality of Zoetermeer.
What if I do not pay the fine?
If you do not pay, the government may proceed to enforced collection, such as garnishment of your income or assets. This often incurs additional costs. Consider lodging an objection or requesting a payment arrangement.
Is a payment arrangement possible in Zoetermeer?
Yes, you can request a payment arrangement from the administrative authority, such as the Municipality of Zoetermeer, if you cannot pay the fine in one go. Explain your financial circumstances and inquire about the conditions.
What distinguishes an administrative fine from a criminal fine?
An administrative fine comes from an administrative authority such as the municipality and is separate from a criminal record. A criminal fine is imposed by a court and does affect your criminal record.
How do I prove that a fine is too high?
You can submit evidence such as financial statements, demonstrate the impact of the offence, or show that you have already taken steps to prevent repetition. You can use this in your response or objection.
What is the difference between a response and an objection?
A response must be submitted before the final decision to explain your position. An objection must be submitted after the decision, within six weeks, to challenge the fine.
Contact and assistance in Zoetermeer: For legal support, you can go to the Juridisch Loket Zoetermeer. Disputes regarding administrative fines fall under the District Court of The Hague.