Choice between administrative and criminal
Administrative enforcement (Awb) competes with criminal law (WVW, WvSr). The administration chooses primarily, but the Public Prosecutor's Office may take over in cases of severity (art. 5:44 Awb). Ne bis in idem (art. 68 Constitution) prevents double punishment.
Legal qualification differs: administration tests objectively, criminal law subjectively (intent). Administrative fine is more efficient for high-volume violations.
Agreements in policy
LAPD (Leidraad Aanpak Pleger Delict) coordinates. For environmental offences, priority to criminal enforcement in case of intent. Case law harmonises sanctions.
This dual-track policy maximises deterrence without overburdening.