Cantonal Judge for Violations Utrecht District Court
At the Utrecht District Court, the cantonal judge handles criminal cases involving violations, the lightest category of criminal offenses in the Netherlands. These involve minor infractions with a maximum fine of €4,650. Unlike crimes, which are dealt with by the police judge, proceedings before the cantonal judge in Utrecht are typically faster and less formal—ideal for city residents and surrounding neighborhoods.
What are violations?
Violations are less serious than crimes and are defined in law using the third form, such as 'Whoever violates...'. Common examples in Utrecht include traffic violations under the RVV 1994, like running a red light at busy intersections such as the Catharijnesingel, noise nuisance in residential areas, or public urination in the city center. The distinction from crimes is set out in Article 1 of the Criminal Code (CC): crimes can lead to imprisonment.
In the Netherlands, violations account for the majority of criminal cases and are often resolved via a penal order, such as a fine. If you object in Utrecht, the case is referred to the cantonal judge at the Utrecht District Court.
Legal basis
The cantonal judge's exclusive jurisdiction over violations is provided for in Article 305 of the Code of Criminal Procedure (CCP). The maximum penalty is a fine of the third category (Article 23 CC): up to €4,650 for individuals and €93,000 for companies. The procedure follows Title IIIa CCP; an objection leads to a summons for a hearing at the Utrecht District Court, always before a single judge.
The procedure before the cantonal judge in Utrecht
It often begins with a penal order from the public prosecutor, for example, for speeding on the Utrecht ring road. File an objection within 14 days by letter (Article 435 CCP), after which a summons for the Utrecht District Court arrives.
At the hearing at the Utrecht District Court (often at the courthouse on Jan van Gallstraat):
- The prosecutor presents the charges.
- You present your defense, call witnesses, or submit evidence.
- The cantonal judge usually delivers the judgment on the spot.
Hearings are public; interpreter services are available if needed. Legal representation is not required, but consult Het Juridisch Loket Utrecht for free assistance in complex cases.
Practical examples in Utrecht
Example: A €100 fine for parking in a disabled spot in the city center (Article 25 RVV 1994). After objection, the cantonal judge at the Utrecht District Court hears both sides and may reduce, suspend, or dismiss the fine if evidence is weak.
Or noise nuisance from a café on the Oudegracht (Noise Abatement Act): as a violation, it goes to the cantonal judge. The Utrecht District Court handles thousands of cases annually, many involving traffic fines from the bustling city.
Rights and obligations of the defendant
- Right to be heard and right of reply: Defend yourself and demand proof (Article 348 CCP).
- Right to access the case file: Request the official report from the Public Prosecution Service.
- Obligation to attend: Failure to appear may result in detention of up to 8 days (Article 449 CCP).
- Appeal: Within 14 days to the court of appeal (Article 450 CCP).
Comparison: cantonal judge vs. police judge
The cantonal judge in Utrecht handles violations, while the police judge deals with crimes. Overview:
| Aspect | Cantonal Judge (violations) | Police Judge (crimes) |
|---|---|---|
| Type of offense | Minor infractions, max. €4,650 fine | More serious, up to 1 year imprisonment |
| Procedure | Often after objection to penal order | Direct summons |
| Legal representation | Not required | Not required, but often advisable |
| Hearing duration | Short, single judge | Short, single judge |
Read more about the police judge in our article.
Frequently asked questions
Do I need a lawyer at Utrecht District Court?
No, it's not required, but advisable for high fines. Het Juridisch Loket Utrecht offers free initial advice.
What if I don't pay the fine?
The prosecutor refers it to the cantonal judge; judgment may lead to enforcement measures.
Can I request a postponement?
Yes, apply for a postponement at Utrecht District Court due to illness or urgent reasons, submit in time.
What is the difference from an administrative fine?
Administrative fines (e.g., CJIB) are non-criminal and do not go to the cantonal judge unless escalated.
Tips and recommendations for Utrecht residents
- File objection on time: Within 14 days, by letter or Public Prosecution portal.
- Gather evidence: Photos of Utrecht situations, witnesses, or dashcam footage can make a big difference.
- Consider mediation: For neighbor disputes in Utrecht via the Municipality of Utrecht or neighborhood teams.
- Free advice: Contact Het Juridisch Loket Utrecht for personal guidance.