The canton judge handles infractions, the least serious criminal offenses. The procedure is often straightforward and usually without a lawyer. What can you expect from the canton judge in Westland?
What does the canton judge do?
The canton judge is a single judge who deals with infractions, the mildest form of criminal offenses, and does not handle crimes.
Key characteristics
| Category | Canton Judge |
|---|---|
| Number of judges | 1 |
| Type of cases | Infractions |
| Maximum penalty | 1 year detention (not imprisonment) |
| Procedure | Simple and quickly handled |
| Lawyer required | Not mandatory, often unnecessary |
Which cases does the canton judge handle?
The canton judge in Westland handles infractions under the Criminal Code and specific legislation.
Examples of cases
- Traffic infractions (speeding, running a red light)
- Public drunkenness
- Minor vandalism
- Minor noise nuisance
- Violations of the APV (local bylaws)
- Minor environmental infractions
- Violation of shop opening hours
Difference with police judge
| Criterion | Canton Judge | Police Judge |
|---|---|---|
| Type of offense | Infractions | Crimes |
| Seriousness of case | Less serious | Moderately serious |
| Liberty deprivation | Detention (up to 1 year) | Imprisonment (up to 1 year) |
| Criminal record registration | Often not | Usually yes |
How does the procedure proceed?
The process before the canton judge is generally very streamlined and simple.
Steps in the procedure
- Invitation via a summons letter (not a formal indictment)
- Verification of your identity
- Brief discussion of the facts
- Opportunity for the defendant to defend
- Immediate judgment at the hearing
What if you do not appear?
For infractions, it is sometimes possible not to appear in person.
Possible options
- Default: not attending, the judge decides without your presence
- Written response: submitting your position in writing
- Representation: having someone else act on your behalf
Which penalties can the canton judge impose?
The penalties imposed by the canton judge are limited in scope.
Types of penalties
- Fine (most common)
- Detention (maximum 1 year, rarely applied)
- Community service
- Driving disqualification (in traffic cases)
Possibility of appeal
Appeal against a judgment of the canton judge is possible under certain conditions.
Conditions for appeal
- Only for fines higher than €50 or other penalties
- Submission within 14 days
- Handled by the court of appeal
Practical advice
- Study the summons carefully: what exactly are you accused of?
- Determine whether it is useful to appear
- For minor infractions, a lawyer is often not necessary
- For higher sanctions: consider mounting a defense
Frequently asked questions about the canton judge
What happens if I am suspected?
As a suspect, you have the right to legal assistance, the right to remain silent, and the police must inform you of your rights. Being suspected does not mean you are guilty.
How long can I be held in pretrial detention?
Without a judge's permission, you may be held for a maximum of 10 days. Thereafter, a judge must approve pretrial detention, which cannot last indefinitely.
What distinguishes a crime from an infraction?
A crime is more serious and can lead to imprisonment. An infraction is often settled with a fine. Crimes are laid down in the Criminal Code.
Am I entitled to legal aid?
Yes, you always have the right to legal assistance. If you cannot afford it, it can be provided free of charge. The police must point this out to you.
Is appeal possible?
Yes, you can appeal a judgment, provided the conditions are met.