Penalty Order Procedure in Utrecht

Penalty Order Procedure in Utrecht

The penalty order procedure in Utrecht offers a swift resolution by the public prosecutor, without direct involvement of a judge. This applies to minor offenses, such as shoplifting at Hoog Catharijne or traffic fines in the city center. You will receive a letter and have 14 days to file an objection with the Utrecht District Court. This makes the process more efficient for the Public Prosecution Service (PPS) and local residents.

Why a Penalty Order in Utrecht?

In Utrecht, the penalty order simplifies criminal case resolution, particularly for minor offenses with limited penalties. It eases the workload on the Utrecht District Court, police, and PPS, while saving time and costs. For Utrecht residents, it means a quick solution, with the option to file an objection promptly if you disagree. Since September 1, 2023, with the Public Prosecution Service Penalty Order Act, the transaction has been abolished. Now, the public prosecutor can impose penalties such as fines, community service orders, or conditional sanctions directly.

Legal Basis of the Penalty Order

The procedure is set out in the Code of Criminal Procedure (CCP), Title IIIa, Articles 257a to 257k. Key rules for Utrecht:

• Art. 257a CCP: Public prosecutor may issue for offenses punishable by a maximum of 1 year imprisonment.
• Art. 257c CCP: Sent by mail with details on the offense, penalty, and objection period.
• Art. 257f CCP: Objection within 14 days to the Utrecht District Court.
• Art. 257i CCP: Upon objection, it becomes a standard case before the police judge at the Utrecht District Court.

These rules balance speed and protection. Read more in our article on the criminal procedure.

The Penalty Order Procedure Step by Step in Utrecht

This is how it works in the Utrecht region:

1. Report and Investigation: Utrecht police investigate the offense; file goes to PPS.
2. PPS Decision: Prosecutor opts for dismissal, penalty order, or summons for simple cases.
3. Delivery: You receive the order by mail with offense description, penalty (e.g., €500 fine), and instructions.
4. Your Response: Accept (pay) or object within 14 days. No response = acceptance.
5. Enforcement: If accepted, enforced immediately; if objected, hearing at Utrecht District Court.

Practical Example from Utrecht

Example: You drive through a red light in Utrecht city center and cause a minor scratch. PPS sends a penalty order with a €400 fine. Pay it? Case closed. In doubt? Objection leads to summons and hearing before the police judge at the Utrecht District Court.

Rights and Obligations under Penalty Order in Utrecht

Rights:

• Full information on the offense and penalty.
• Access to the case file upon request from the PPS.
• Free objection within 14 days, no lawyer required.
• At hearing: full procedural rights, including pro bono lawyer via the Utrecht District Court.

Obligations:

• Keep your address updated with the Municipality of Utrecht (BRP).
• Comply with penalty if accepted, or face collection.
• Respond in time to avoid court proceedings.

Comparison: Penalty Order vs. Other Options

Frequently Asked Questions about Penalty Orders in Utrecht

Tips for Utrecht Residents

Avoid hassle:

• Read everything carefully: Check facts and fine amount.
• Verify your address with the Municipality of Utrecht.
• File objection immediately if in doubt.
• Contact the Legal Aid Office in Utrecht for advice.
• Keep copies of all correspondence.