Duty to Report Explained for Utrecht

Duty to Report in Criminal Law for Utrecht Residents

The duty to report requires Utrecht residents to report serious criminal offences immediately to the police or Public Prosecution Service. This applies to crimes punishable by more than a fine of the first category. In this way, you help maintain safety in neighbourhoods like Kanaleneiland or the city centre and support the District Court of Utrecht in upholding the law.

What Does the Duty to Report Entail for Utrecht?

In Utrecht, the duty to report plays a key role in notifying authorities of incidents, rooted in the civic obligation to preserve public order. It does not apply to minor violations like parking fines via the Municipality of Utrecht, but it does cover serious offences such as bicycle theft at Utrecht Centraal station, street violence or burglary. The obligation arises upon becoming aware – as a witness, victim or through reliable information – and demands immediate action, ideally within 24 hours at the local police station.

Read more about filing a report in our article filing a report in Utrecht. Here we explore the obligation in depth: when, for whom and why.

Legal Basis of the Duty to Report

The rule is laid down in Article 162 of the Code of Criminal Procedure (Sv): "Any person who has knowledge of crimes punishable by more than a fine of the first category must report them without delay to the assistant public prosecutor, public prosecutor or examining magistrate at the District Court of Utrecht."

A fine of the first category amounts to a maximum of €495 (2023). Local violations like graffiti in the city are exempt; crimes such as robbery (Article 311 of the Criminal Code) are not. Additional duties apply to civil servants at the Municipality of Utrecht (Article 162(2) Sv) or bank employees in money laundering cases (Wwft).

See also Article 284 of the Criminal Code for penalties for failure to report.

Who in Utrecht Must Report and When?

All Utrecht residents with concrete knowledge of a serious crime are required to report it, regardless of any ties to the perpetrator (except close family). This includes:

• Witnesses: You see a mugging at the Oudegracht.
• Victims: Your bike is stolen in Lombok.
• Third parties: A neighbour reports drug dealing in Overvecht.

Rumours do not qualify; facts must be certain.

Exceptions for Utrecht Residents

Sometimes reporting is not required:

• Professional secrecy: Doctors or lawyers in Utrecht must remain silent (Article 272 Criminal Code), except in extreme cases like child murder.
• Family ties: No duty to report a partner or children (Article 162(3) Sv).
• No imminent danger: Perpetrator already arrested by Utrecht Police.

Practical Examples in Utrecht

Example 1: Purse Snatching at the Dom
You see thieves grab a tourist's bag and call 112. Properly reported.

Example 2: Fraud at Local Employer
As an employee at a Utrecht company, you uncover accounting fraud. Report it immediately to the police, or face liability yourself.

Example 3: Exception
A Utrecht doctor learns of an assault. Professional secrecy usually takes precedence.

Comparison table:

Rights and Obligations When Reporting in Utrecht

Obligations:

1. Report promptly via 0900-8844 (Utrecht Police) or online.
2. Provide full details.
3. Avoid false reports (Article 188 Criminal Code).

Rights:

• Report anonymously via Meld Misdaad Anoniem (0800-7000).
• No penalty for proper reporting.
• Victims: support via Het Juridisch Loket Utrecht (Article 51a Sv).

Failure to report? Up to 3 months imprisonment or €9,000 fine (Article 284 Criminal Code). Rarely enforced unless egregious.

Frequently Asked Questions for Utrecht