During a Prosecutor's hearing, also known as a TOM hearing, the public prosecutor makes a penalty proposal without involving a judge. You have the choice to accept or reject this proposal. What does this mean for you in Zoetermeer?
What does a Prosecutor's hearing entail?
A Prosecutor's hearing, or TOM hearing (Public Prosecutor's community service), is a method to resolve a criminal case where the public prosecutor imposes a penalty without court intervention.
Key features
| Feature | Prosecutor's hearing |
|---|---|
| Decision-maker | Public prosecutor |
| Type of cases | Less serious offences |
| Voluntary | Yes, your consent is required |
| Criminal record | Yes, if agreed |
| Appeal | Not possible |
When does a Prosecutor's hearing take place?
A Prosecutor's hearing is used for less serious criminal cases, often in the Zoetermeer region via the District Court of The Hague.
Examples of cases
- Shoplifting (first offence)
- Mild forms of assault
- Limited public violence
- Damage by vandalism
- Possession of drugs for personal use
- Driving under influence (low blood alcohol level)
How does a Prosecutor's hearing proceed?
A Prosecutor's hearing is an informal discussion with the public prosecutor, often at a location in or near Zoetermeer.
Steps in the process
- Receipt of an invitation letter
- Appearance at the designated police court
- Discussion with the public prosecutor
- Receipt of a penalty proposal
- Decision on acceptance or refusal
- If agreed: signing of the agreement
Possible sanctions in a Prosecutor's hearing
| Type of penalty | Maximum |
|---|---|
| Community service | 180 hours |
| Fine | Depending on the offence |
| Behavioural restriction | For example, a contact ban |
| Driving ban | In some cases |
What if you reject the proposal?
Accepting a penalty proposal during a Prosecutor's hearing is entirely voluntary.
Consequences of refusal
- Your case is referred to the judge (summons)
- The judge may impose a heavier penalty
- There is also a chance of acquittal
- You then receive full legal protection
Pros and cons of a Prosecutor's hearing
Advantages
- Quick resolution of the case
- No public trial
- Less stressful than a hearing
- Clarity on the penalty
Disadvantages
- No judicial oversight
- Registration on criminal record
- No possibility of appeal
- Implicit admission of guilt
What is a penal order?
A penal order is similar to a Prosecutor's hearing, but you do not need to be physically present. The public prosecutor determines a penalty that you can accept or challenge by filing an objection.
Advice for Zoetermeer
- Contact the Juridisch Loket Zoetermeer for advice
- Consider the benefits of a Prosecutor's hearing versus a full trial
- Take into account the impact of a criminal record
- If uncertain about guilt: let a judge decide
Frequently asked questions about Prosecutor's hearings
Am I required to accept the penalty proposal?
No, you are not obliged to agree to the proposal. If you refuse, your case is referred to the judge, which can be advantageous if you doubt your guilt. Note: a judge may also impose a stricter penalty. Consulting a lawyer via the Juridisch Loket Zoetermeer is advisable.
Is a Prosecutor's hearing registered on my criminal record?
Yes, if you accept the proposal, it is recorded on your criminal record. This can affect a Certificate of Conduct application or future job applications. Think carefully about the benefits of a quick resolution.
Can I appeal a Prosecutor's hearing?
No, there is no possibility of appeal against a Prosecutor's hearing. If you disagree, you can refuse and have the case referred to the District Court of The Hague.