Choice between Administrative and Criminal Enforcement in Utrecht
In Utrecht, administrative enforcement (under the General Administrative Law Act, Awb) competes with criminal law (under the Road Traffic Act, WVW, and the Dutch Criminal Code, WvSr). The Municipality of Utrecht primarily opts for administrative fines for violations within the city, but the Public Prosecution Service (OM) may take over in serious cases, such as environmental offences around the Merwede or Vaartsche Rijn canals (Art. 5:44 Awb). The principle of ne bis in idem (Art. 68 of the Dutch Constitution) prevents double punishment.
The legal qualification differs: Utrecht’s administrative authorities assess violations objectively based on breaches of norms, whereas criminal law requires subjective intent. Administrative fines are more efficient for common offences, such as parking and environmental infractions in the city centre or at industrial sites like Lage Weide.
Agreements in Utrecht’s Policy
The LAPU (Guideline for Offender Approach Utrecht) coordinates the local approach. For environmental offences in Utrecht, criminal law takes priority in cases of intent, such as illegal dumping in the Griftpark area. Case law from the District Court of Midden-Nederland harmonises sanctions with regional priorities.
This dual-track policy in Utrecht maximises deterrence without overburdening local law enforcement.