Penalty Order Procedure in Den Haag
The penalty order procedure in Den Haag offers a swift resolution by the public prosecutor, without direct involvement of a judge. This typically applies to common offenses such as parking fines, minor shoplifting in the city center, or traffic violations on Den Haag roads. Residents of Den Haag receive the order by mail and have 14 days to lodge an objection with the Den Haag District Court. This keeps the process efficient for the Public Prosecution Service (PPS).
Why a Penalty Order in Den Haag?
In Den Haag, the penalty order is used to expedite criminal cases, particularly minor offenses with limited penalties. This eases the burden on the Den Haag District Court, police, and PPS, while giving residents quick clarity. If the decision is incorrect, you can easily lodge an objection. Since September 1, 2023, under the Public Prosecution Service Penalty Order Act, this replaces the old transaction: now allowing direct fines, community service orders, or conditional sanctions.
Legal Basis of the Penalty Order
The procedure is set out in the Code of Criminal Procedure (Sv), Title IIIa, arts. 257a-257k. Key rules for Den Haag:
- Art. 257a Sv: Public prosecutor issues for offenses punishable by max. 1 year imprisonment.
- Art. 257c Sv: Sent by mail with details on the offense, penalty, and objection period.
- Art. 257f Sv: Objection within 14 days to the Den Haag District Court.
- Art. 257i Sv: Objection leads to a standard hearing before a judge in Den Haag.
These rules balance speed and protection. Read more about criminal procedures.
Penalty Order Step by Step in Den Haag
The process:
- Report and investigation: Den Haag police investigates, file goes to PPS.
- PPS decision: Choice between dismissal, penalty order, or summons for straightforward Den Haag cases.
- Delivery: By mail with offense description, penalty (e.g., €500 fine), and instructions.
- Your response: Accept (pay) or object within 14 days; no response = acceptance.
- Enforcement: Immediate upon acceptance; otherwise, hearing at Den Haag District Court.
Example from Den Haag
Suppose you run a red light on Laan van Wateringsveld and cause a scratch. PPS sends a €400 fine. Pay it? Case closed. In doubt? Objection leads to a summons before the police judge in Den Haag.
Rights and Obligations under Penalty Order
Rights:
- Full information on the offense and penalty.
- Access to the case file via PPS in Den Haag (on request).
- Free objection within 14 days, no lawyer required.
- At hearing: full rights, including pro bono lawyer.
Obligations:
- Current address with Municipality of Den Haag (BRP).
- Comply with penalty, or face collection.
- Respond in time to avoid escalation.
Comparison of Disposal Methods
| Disposal Method | Conditions | Penalty Options | Objection | Time |
|---|---|---|---|---|
| Penalty Order | Max. 1 year penalty | Fine, community service, conditional | 14 days, to court | Months |
| Dismissal | No guilt/interest | No penalty | N/A | Weeks |
| Summons/court | Serious offenses | All penalties | Appeal/higher appeal | 6-12 months |
Frequently Asked Questions about Penalty Orders in Den Haag
Can I object after paying?
No, payment = acceptance. Request a stay and object before paying.
How long for objection?
14 days after dispatch; in writing to Den Haag District Court via PPS. Don't miss it!
Do I need a lawyer?
Not for initial response, but advisable. Pro bono possible on objection. Call Den Haag Legal Aid Office for free advice.
Didn't receive the order?
No notice = no prosecution, but check address with Municipality of Den Haag and contact PPS.
Tips for Den Haag Residents
Avoid hassle:
- Check everything: Facts and fine in the letter.
- Verify address with Municipality of Den Haag.
- Consult Den Haag Legal Aid Office if in doubt.
- Keep copies of responses.
- Consider objecting to absurd fines from Den Haag traffic checks.