In the Netherlands, criminal law recognises various types of penalties, both principal penalties and additional penalties. Think of prison sentences, community service, fines and driving disqualifications. This article provides a detailed overview, specifically relevant for residents of Westland.
Principal Penalties in Dutch Criminal Law
According to the law, there are four principal penalties that can be imposed independently of other penalties.
List of Principal Penalties
| Type of Penalty | Maximum Duration/Amount | Application |
|---|---|---|
| Imprisonment | Life imprisonment or temporary up to 30 years | For crimes |
| Detention | Maximum 1 year and 4 months | For violations |
| Community service | Maximum 240 hours | Both crimes and violations |
| Fine | 6 categories, up to €900,000 | All punishable offences |
Classification of Fines
Fines are divided into six different categories, as laid down in article 23 of the Criminal Code.
Fine Categories (2024)
| Category | Maximum Amount |
|---|---|
| 1st category | €480 |
| 2nd category | €4,800 |
| 3rd category | €9,600 |
| 4th category | €22,500 |
| 5th category | €90,000 |
| 6th category | €900,000 |
Additional Penalties
The judge may impose additional penalties in addition to principal penalties, depending on the case.
Types of Additional Penalties
- Deprivation of rights: deprivation of specific rights, such as voting rights
- Forfeiture: confiscation of goods
- Publicity of the judgment: publication of the judicial decision
- Driving disqualification: temporary prohibition on driving
Conditional Penalties
A penalty may be imposed in whole or in part conditionally, with a probationary period and certain conditions applying.
Standard Condition
During the probationary period, the convicted person may not commit any new punishable offences.
Specific Conditions
- Mandatory reporting to the probation service
- Mandatory treatment
- Prohibition on contact with certain persons
- Location restrictions or obligations
- Payment of compensation to the victim
Criminal Law Measures
Criminal law also includes measures that are not aimed at punishment, but at protection or restoration of society.
Overview of Measures
| Measure | Objective |
|---|---|
| Placement at the government's disposal (TBS) | Treatment and protection of society |
| PIJ measure | Treatment of juveniles |
| Admission to a psychiatric hospital | Short-term treatment |
| Deprivation of criminal proceeds | Confiscation of illegally obtained profit |
| Compensation measure | Compensation for victims |
Combination of Penalties and Measures
It is possible to impose penalties and measures together, depending on the situation.
Examples of Combinations
- Imprisonment with a conditional part
- Imprisonment combined with TBS
- Community service in addition to a fine
- Imprisonment with deprivation of proceeds
Frequently Asked Questions about Penalties in the Netherlands
What should I do if I am suspected of a crime?
You have the right to a lawyer, the right to remain silent and the police must inform you of your rights. Being suspected does not mean you are guilty.
What is the maximum duration of pre-trial detention?
Without a trial, pre-trial detention may last a maximum of 10 days. After that, a judge must grant permission for extension. Pre-trial detention is not unlimited.
What distinguishes a crime from a violation?
A crime is a more serious offence and can lead to imprisonment. A violation is minor and is often punished with a fine.
Do I always have the right to a lawyer?
Yes, legal assistance is a right. If you cannot afford it, free assistance can be provided.
Can I appeal against a judgment?
Yes, you have the option to appeal to the court of appeal.
Information for Westland
For legal questions or support in Westland, you can contact the Juridisch Loket Westland. Cases are often handled at the District Court of The Hague, which is responsible for this district.