An administrative fine is a financial sanction that can be imposed by the government without the involvement of a judge. The purpose is the punishment of an offence.
Definition of an Administrative Fine
An administrative fine is a penal measure whereby you must pay a sum of money. In contrast to a coercive fine, which is aimed at remedying a situation, punishment is central to an administrative fine.
Examples of Administrative Fines
- Fine from the Tax Authorities for incorrect declaration
- Fine from the UWV for abuse of benefits
- Fine from the Municipality of Westland for fraud with social provisions
- Fine from the Data Protection Authority for privacy breach
- Fine from the Authority for Consumers & Markets (ACM) for violation of competition rules
Steps in the Procedure
| Phase | Explanation |
|---|---|
| Intention | You receive a notice of the intention to impose a fine |
| Response | You may state your position before the fine becomes final |
| Final Decision | The fine is officially imposed |
| File Objection | Within 6 weeks you can lodge an objection against the decision |
Your Rights and Protections
Due to the punitive nature of a fine, specific rights apply:
- Right to remain silent: you are not obliged to contribute to your own conviction
- Presumption of Innocence: you are considered innocent until guilt is proven
- Proportionality: the penalty must be appropriate to the offence
Factors Determining the Fine Amount
The amount of an administrative fine is determined by:
- The statutory maximum
- The severity of the offence
- The degree of your culpability
- Your financial situation
Frequently Asked Questions about Administrative Fines
Am I required to pay the fine during an objection procedure?
Yes, in most cases you must pay, unless you request an interim measure or are granted a deferral of payment.
Can the amount of the fine be adjusted?
Yes, if the fine is disproportionate, it can be reduced by the administrative body or the court.
Is an administrative fine recorded on my criminal record?
No, an administrative fine is not a criminal sanction and does not appear on your criminal record.
Additional Information for Westland
In Westland, you can contact the Juridisch Loket Westland for legal assistance. For cases that go to court, Westland falls under the District Court of The Hague.