Criminal law in the Netherlands encompasses various principal and additional penalties, ranging from prison sentences to community service and from fines to driving disqualifications. This article provides a detailed overview, specifically relevant for residents of Utrecht.
Principal Penalties in Dutch Criminal Law
According to Dutch legislation, there are four principal penalties that can be imposed independently of other penalties.
Table of Principal Penalties
| Type of Penalty | Maximum Duration/Amount | Application |
|---|---|---|
| Prison sentence | Life imprisonment or temporary up to 30 years | Crimes |
| Detention | 1 year and 4 months | Offences |
| Community service | Maximum 240 hours | Both crimes and offences |
| Fine | 6 categories, up to €900,000 | All punishable offences |
Categorisation of Fines
Fines are divided into six different categories, as laid down in Article 23 of the Dutch Criminal Code.
Fine Categories (2024)
| Category | Maximum Amount |
|---|---|
| First category | €480 |
| Second category | €4,800 |
| Third category | €9,600 |
| Fourth category | €22,500 |
| Fifth category | €90,000 |
| Sixth category | €900,000 |
Additional Penalties
Judges have the option to impose additional penalties alongside principal penalties.
List of Additional Penalties
- Deprivation of rights: revocation of specific rights, such as voting rights
- Forfeiture: confiscation of goods
- Publication of judgment: public disclosure of the judicial decision
- Driving disqualification: temporary prohibition on driving
Conditional Penalties
A penalty can be imposed wholly or partially on a conditional basis, with a probationary period and specific conditions applying.
Standard Condition
During the probationary period, the convicted person may not commit any new punishable offences.
Specific Conditions
- Obligation to report to probation services
- Mandatory treatment
- No-contact order with certain persons
- Prohibition or obligation to be at specific locations
- Payment of compensation to the victim
Measures in Criminal Law
Criminal law also includes measures that are not primarily aimed at punishment, but at protection or restoration.
Overview of Measures
| Measure | Objective |
|---|---|
| Placement at the government's disposal (TBS) | Treatment and public safety |
| PIJ measure | Treatment of juveniles |
| Admission to psychiatric hospital | Short-term treatment |
| Deprivation of criminal proceeds | Confiscation of illegal profits |
| Compensation measure | Compensation for victims |
Combination of Penalties and Measures
It is possible to impose different penalties and measures simultaneously.
Examples of Combinations
- Prison sentence combined with a conditional penalty
- Prison sentence together with TBS
- Community service in combination with a fine
- Prison sentence and deprivation of unlawful advantage
Frequently Asked Questions about Penalties in Utrecht
What should I do if I am suspected of a crime?
You have the right to a lawyer, you may remain silent, and the police are obliged to explain your rights. Being suspected does not mean you are guilty.
How long can I be held in pre-trial detention?
Without trial maximum 10 days, after that a judge must extend the pre-trial detention. This cannot last indefinitely.
What distinguishes a crime from an offence?
A crime is more serious and can lead to a prison sentence, whereas an offence is often settled with a fine.
Do I always have the right to a lawyer in Utrecht?
Yes, legal assistance is a right. If you cannot afford it, it can be arranged free of charge via the Juridisch Loket Utrecht at Catharijnesingel 55.
Can I object to a judgment?
Yes, you can appeal to the court of appeal against a judgment of the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1 in Utrecht.