In Dutch criminal law, punishable offences are divided into crimes and offences. This distinction is crucial for the legal procedure and the penalties that can be imposed, also in the Westland region.
What is the difference?
Crimes are regarded as serious punishable offences, while offences are less serious and often handled more quickly.
Overview of differences
| Criterion | Crime | Offence |
|---|---|---|
| Seriousness of the offence | Serious | Less serious |
| Code location | Book 2 CC | Book 3 CC |
| Intent requirement | Often intent required | Usually no intent required |
| Attempt punishable? | Yes | No (unless specifically stated) |
| Complicity | Punishable | Not punishable |
| Pre-trial detention possible? | Yes | No |
Examples of crimes
Crimes include the more serious violations that can have serious consequences.
Typical crimes
- Theft (art. 310 CC)
- Assault (art. 300 CC)
- Fraud and deception (art. 326 CC)
- Threat with violence (art. 285 CC)
- Driving under the influence (art. 8 RTA)
- Drug trafficking or possession (Opium Act)
- Murder or manslaughter (art. 287-289 CC)
Examples of offences
Offences concern lighter punishable offences that are often settled with a fine.
Common offences
- Minor traffic offences
- Public drunkenness (art. 453 CC)
- Minor forms of nuisance (art. 424 CC)
- Disturbance by noise
- Violation of local rules (APV Westland)
Influence on the legal procedure
The distinction between crime and offence determines how a case is handled.
Differences in handling
| Feature | Crime | Offence |
|---|---|---|
| Investigative powers | Extensive possibilities | Limited means |
| Adjudicating judge | Multi-judge panel possible | District court judge |
| Statute of limitations | 6 to 20 years (depending on penalty) | 3 years |
| Registration on criminal record | Always | Often not |
Possible penalties
The penalties for crimes and offences differ greatly in severity.
Maximum penalties
| Type of penalty | Crime | Offence |
|---|---|---|
| Imprisonment | Yes (up to life) | Not possible |
| Detention | Yes | Maximum 1 year |
| Community service | Up to 240 hours | Up to 240 hours |
| Fine | Up to category 6 (€900,000) | Up to category 4 (€22,500) |
Complex situations
In some cases, it is not immediately clear whether something is a crime or an offence.
Important considerations
- The law determines the classification of an offence
- In case of uncertainty: consult the location in the code
- Aggravating circumstances can make an offence more serious
- Repetition of offences can lead to treatment as a crime
Frequently asked questions in Westland
What if I am suspected of a punishable offence?
You have the right to a lawyer, you may remain silent, and the police must inform you of your rights. Being suspected does not mean you are guilty.
How long can pre-trial detention last?
Without trial maximum 10 days, after that a judge must extend it. Pre-trial detention has a maximum duration.
What distinguishes a crime from an offence?
A crime is more serious and can lead to imprisonment, while an offence is often settled with a fine.
Will I be assigned a lawyer?
Yes, you have the right to legal assistance, and if you cannot afford it, this can be arranged free of charge via the Legal Counter Westland.
Can I object to a judgment?
Yes, you have the option to appeal to the court of appeal.
Relevant authorities in Westland:
- Court: District Court of The Hague (district)
- Legal aid: Legal Counter Westland