In Westland, the Public Prosecution Service (OM) can handle certain cases without the involvement of a judge by means of a transaction or penal order. In doing so, the suspect can pay a fine or perform a community service, thereby preventing further prosecution.
Transaction (Settlement)
In a transaction, as provided for in article 74 of the Criminal Code, the OM proposes to close the case if the suspect pays a sum of money. After payment, the possibility of prosecution by the OM lapses.
Characteristics of a Transaction
- Entirely voluntary - the suspect can reject the offer
- Payment is made to the State
- No entry on criminal record (no longer relevant after 5 years)
- Payment does not imply an admission of guilt
Penal Order
A penal order, as laid down in article 257a of the Code of Criminal Procedure, is a direct imposition of a penalty by the OM without the involvement of a judge.
Possible Sanctions
- Fine
- Community service (up to a maximum of 180 hours)
- Temporary disqualification from driving (maximum 6 months)
- Mandatory behavioural rules
Difference from Transaction
In contrast to a transaction:
- Guilt is established in a penal order
- The penal order appears on your criminal record
- The penalty can be enforced by the OM
Objection to Penal Order
If you disagree with a penal order, you can lodge an objection within 14 days. The case will then be submitted to a judge at the District Court of The Hague, who will give an independent judgment without being bound by the previous penal order.
Application in Westland
Transactions and penal orders are often applied in Westland for:
- Common petty crimes, such as shoplifting or vandalism
- Traffic violations and offences
- Less serious incidents of violence
- Minor fraud cases
Frequently Asked Questions about Transactions and Penal Orders
What is the difference between a transaction and a penal order?
A transaction is a voluntary agreement whereby you pay an amount to prevent prosecution; it does not appear on your criminal record and does not constitute an admission of guilt. A penal order is a penalty imposed by the OM, whereby guilt is established, it appears on your criminal record, and it can be enforced. You can lodge an objection against a penal order, but not against a transaction.
Can I refuse a transaction or penal order?
You can refuse a transaction, after which the OM may decide to bring the case before a judge. For a penal order, you can file an objection within 14 days, so that a judge re-assesses the case. Without objection, failure to pay or refusal may lead to further legal consequences.
How long does a penal order remain on my criminal record?
A penal order is recorded on your criminal record and remains there in principle permanently. For minor offences, this may have less impact after 5 years, for example for a VOG application. For advice on your specific situation, contact the Juridisch Loket Westland.
What if I do not pay the fine for a penal order?
If the fine is not paid, the OM can transfer the case to the CJIB, which can seize your income or assets. In addition, the case may still go to court, which could result in a harsher penalty. Filing an objection in time is crucial if you disagree.
Can I convert a community service into a fine?
This depends on the situation and the OM. Sometimes you can request to convert a community service into a money fine, but this is not a right. Consult with the OM or a lawyer via the Juridisch Loket Westland for the options.