During a Prosecutor's hearing, also known as a TOM hearing, the public prosecutor offers a penalty proposal without the involvement of a judge. You have the choice to accept or reject this proposal. What does this mean for you in Utrecht?
What does a Prosecutor's hearing entail?
A Prosecutor's hearing, or TOM hearing (Public Prosecutor's Community Service), is a way to settle a criminal case in which the public prosecutor proposes a penalty without the intervention of a judge.
Key features
| Feature | Prosecutor's hearing |
|---|---|
| Who decides? | Public prosecutor |
| Type of cases | Less serious offences |
| Voluntariness | Yes, your consent is required |
| Criminal record | Yes, upon acceptance |
| Objecting | Not possible |
When is a Prosecutor's hearing applied?
A Prosecutor's hearing is used in criminal cases of minor severity, often in the Utrecht region via the Central Netherlands District Court.
Examples of cases
- Shoplifting (first time)
- Mild forms of assault
- Minor violence in public
- Damage to property
- Possession of drugs for personal use
- Driving with a low blood alcohol level
How does a Prosecutor's hearing in Utrecht proceed?
The procedure for a Prosecutor's hearing consists of a personal meeting with the public prosecutor, often at the prosecutor's office in Utrecht.
Step-by-step plan
- Receive invitation by post
- Attend at the prosecutor's office in Utrecht
- Consultation with the public prosecutor
- Receive penalty proposal
- Decide on acceptance or refusal
- If agreed: sign the agreement
What penalties are possible?
| Type of penalty | Maximum extent |
|---|---|
| Community service | Maximum 180 hours |
| Fine | Depending on the offence |
| Behavioural condition | For example, a contact ban |
| Driving ban | In some cases |
What if you reject the proposal?
It is your right to refuse the public prosecutor's penalty proposal.
Consequences of rejection
- The case is referred to the judge in Utrecht (summons)
- A higher penalty by the judge is possible
- Acquittal can also be an outcome
- You then receive full legal protection
Advantages and disadvantages of a Prosecutor's hearing
Advantages
- Quick resolution of the case
- No public trial
- Less stress than a full procedure
- Clarity on the penalty
Disadvantages
- No judicial oversight
- Registration on criminal record
- No possibility of appeal
- Acceptance implies admission of guilt
What is a penal order?
A penal order is similar to a Prosecutor's hearing, but you do not need to be physically present. The public prosecutor imposes a penalty that you can accept or challenge by way of objection.
Advice for residents of Utrecht
- Contact a lawyer or the Utrecht Legal Aid Office (Catharijnesingel 55) for advice
- Consider the benefits of quick handling versus a trial at the Central Netherlands District Court (Vrouwe Justitiaplein 1)
- Remember that acceptance of a penalty proposal means an entry on your criminal record
- If uncertain about guilt: let a judge decide
Frequently asked questions about Prosecutor's hearings in Utrecht
Am I obliged to accept the penalty proposal?
No, you do not have to agree to the proposal. If you refuse, your case will be referred to the judge in Utrecht. This can be advantageous if you doubt your guilt or hope for a milder penalty. Note: the judge may also rule more strictly. Consulting a lawyer is recommended.
Is a Prosecutor's hearing registered on my criminal record?
Yes, if you accept the proposal, it will be recorded on your criminal record. This can impact a Certificate of Conduct application or future jobs. Consider this carefully against the benefits of quick handling.
Can I object to a Prosecutor's hearing?
No, there is no possibility of appeal against a Prosecutor's hearing. If you disagree, you can refuse and take the case to court.