In Zoetermeer, the Public Prosecution Service (OM) can handle a criminal case without the involvement of a judge by means of a transaction or penal order. The suspect can pay a fine or perform community service, thereby preventing further prosecution.
What is a Transaction?
A transaction, as provided for in article 74 of the Criminal Code (Sr), means that the OM proposes not to bring the case before a judge if the suspect pays a certain amount. After payment, the possibility of prosecution lapses.
Characteristics of a Transaction
- The suspect can freely reject the offer.
- The amount is paid to the State.
- No entry on the criminal record after 5 years.
- Payment does not imply an admission of guilt.
What is a Penal Order?
A penal order, as laid down in article 257a of the Code of Criminal Procedure (Sv), is a penalty imposed directly by the OM without the involvement of a judge.
Possible Sanctions under a Penal Order
- A fine.
- A community service order of up to 180 hours.
- A temporary disqualification from driving (max. 6 months).
- A behavioural rule or instruction.
Differences from a Transaction
In contrast to a transaction:
- A penal order establishes guilt.
- The penal order is recorded on the criminal record.
- The penalty can be enforced.
Objection to a Penal Order
If you disagree with a penal order, you can lodge an objection within 14 days. The case will then be brought before a judge at the District Court of The Hague, who will give an independent judgment without being bound by the OM's earlier decision.
When Are These Measures Applied?
Transactions and penal orders are often used in Zoetermeer for:
- Common offences such as shoplifting or vandalism.
- Traffic violations and offences.
- Minor incidents of violence.
- Minor fraud cases.
Frequently Asked Questions about Transaction and Penal Order
What is the difference between a transaction and a penal order?
A transaction is a voluntary agreement whereby you pay a fine to prevent prosecution, without a criminal record or admission of guilt. A penal order is a penalty imposed by the OM, which appears on your criminal record and implies guilt. You can lodge an objection against a penal order, but not against a transaction.
Can I refuse a transaction or penal order?
You can reject a transaction, after which the OM may decide to bring the case before a judge. For a penal order, you can lodge an objection within 14 days, so that the case is still assessed by a judge. Refusing without taking action may lead to legal consequences.
How long does a penal order remain on my criminal record?
A penal order is recorded on your criminal record and remains there in principle permanently. For minor offences, it may have less impact after 5 years, for example for a Certificate of Conduct (VOG). For tailored advice, you can contact a lawyer via the Juridisch Loket Zoetermeer.
What if I do not pay the fine for a penal order?
If you do not pay, the Central Judicial Collection Agency (CJIB) may seize your income or assets. In addition, the case may still be brought before a judge, which may result in a harsher penalty. Lodging an objection in time is crucial if you disagree.
Can I convert a community service order into a fine?
In some cases, you can request the OM to convert a community service order into a fine, but this is not a right. Consult the OM or a lawyer in time to discuss your options.