During a Prosecutor's hearing, also known as a TOM hearing, the public prosecutor offers a penalty proposal without the involvement of a judge. You have the choice to accept or reject this proposal. What exactly does this mean for you in Westland?
What does a Prosecutor's hearing entail?
A Prosecutor's hearing, or TOM hearing (Community Service Public Prosecution Service), is a way to handle criminal cases in which the public prosecutor proposes a penalty without the intervention of a judge.
Key features
| Feature | Prosecutor's hearing |
|---|---|
| Decision-making authority | Public prosecutor |
| Type of cases | Less serious offences |
| Voluntary participation | Yes, your consent is required |
| Criminal record registration | Yes, upon acceptance |
| Possibility of appeal | Not possible |
When does a Prosecutor's hearing take place?
A Prosecutor's hearing is used for relatively minor criminal cases, often in the Westland region via the District Court of The Hague.
For which cases?
- Shoplifting (first offence)
- Mild forms of assault
- Limited public violence
- Damage caused by vandalism
- Possession of drugs for personal use
- Driving under the influence (low alcohol level)
How does a Prosecutor's hearing proceed?
The procedure for a Prosecutor's hearing consists of an informal discussion with the public prosecutor, often at a location connected to the District Court of The Hague.
Steps in the process
- Receipt of an invitation letter
- Attendance at the prosecutor's office
- Consultation with the public prosecutor
- Presentation of the penalty proposal
- Your decision: accept or reject
- If agreed: signing of the agreement
Possible sanctions in a Prosecutor's hearing
| Sanction | Maximum extent |
|---|---|
| Community service | Maximum 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?
It is your right not to accept the public prosecutor's proposal.
Consequences of rejection
- Your case is referred to the judge via a summons
- The judge may impose a harsher 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 court hearing
- Less stressful than a full trial
- Certainty about the penalty
Disadvantages
- No independent review by a judge
- Registration on your criminal record
- No possibility of appeal
- Acceptance implies 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 imposes a penalty that you can accept or object to.
Advice for Westland
- Contact a lawyer or the Westland Legal Desk for advice
- Consider the certainty of a Prosecutor's hearing versus a full trial
- Take into account the impact of a criminal record upon acceptance
- If in doubt about your guilt: let a judge decide
Frequently asked questions about Prosecutor's hearings
Am I obliged to accept the penalty proposal?
No, you do not have to accept the proposal. If you refuse, the case is referred to the judge, which can be advantageous if you are innocent or expect a milder penalty. Note: the judge may also impose a harsher penalty. Consultation with a lawyer is recommended.
Is a Prosecutor's hearing registered on my criminal record?
Yes, if you agree to the proposal, it will be recorded on your criminal record. This can affect, for example, a Certificate of Conduct application or future jobs. Think carefully about the benefits of quick resolution.
Can I object to a Prosecutor's hearing?
No, appeal is not possible in a Prosecutor's hearing. If you reject the proposal, the case goes to the judge for a full hearing.