In Utrecht, the Public Prosecution Service (OM) can handle a criminal case without the involvement of a judge by means of a transaction or penal order. The suspect can pay a fine or perform community service, thereby preventing further prosecution.
Transaction (Settlement)
A transaction, as regulated in article 74 of the Criminal Code (Sr), means that the OM proposes to let the case rest if the suspect pays a certain amount. After payment, the possibility of prosecution lapses.
Characteristics of a Transaction
- Entirely voluntary - the suspect can decline the offer
- Payment goes to the government
- No entry on criminal record (no longer relevant after 5 years)
- Payment does not imply an admission of guilt
Penal Order
A penal order, as laid down in article 257a of the Code of Criminal Procedure (Sv), is a penalty imposed directly by the OM without a judge being involved.
Possible Sanctions
- Fine in money
- Community service (up to a maximum of 180 hours)
- Temporary disqualification from driving (maximum 6 months)
- Mandatory behavioural rules
Differences from a Transaction
In contrast to a transaction:
- A penal order is a formal determination of guilt
- It is registered on the criminal record
- The penalty can be enforced
Objection to Penal Order
If you disagree with a penal order, you can lodge an objection within 14 days. The case is then brought before the judge, who gives an independent judgment and is not bound by the previous order.
Application in Utrecht
In Utrecht, transaction and penal order are often used for:
- Common offences such as shoplifting or vandalism
- Traffic violations and offences
- Minor violence incidents
- Financial fraud with limited amounts
Local Information
For legal matters in Utrecht, you can go to the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1. For free legal advice, the Juridisch Loket Utrecht is available at Catharijnesingel 55.
Frequently Asked Questions about Transaction and Penal Order
What is the difference between transaction and penal order?
A transaction is a voluntary agreement whereby you pay an amount to prevent prosecution; it does not appear on your criminal record and does not mean an admission of guilt. A penal order is a penalty imposed by the OM, whereby guilt is established and which appears on your criminal record. You can lodge an objection against a penal order, but not against a transaction.
Can I refuse a transaction or penal order?
You can refuse a transaction, after which the OM may decide to bring the case before the judge. For a penal order, you can file an objection within 14 days, so that the judge reassesses the case. Without objection, legal consequences may follow.
How long does a penal order remain registered?
A penal order is recorded on your criminal record and remains there in principle forever. For minor offences, the impact may decrease after 5 years, for example for a VOG application. Contact a lawyer for advice on your specific situation.
What if I do not pay the fine of a penal order?
If you do not pay, the CJIB can take over the collection and seize your income or property. In addition, the case may still go to court, which may result in a harsher penalty. Lodging an objection in time is crucial if you disagree.
Can I convert community service into a fine?
This depends on the OM and the situation. You can submit a request to replace community service with a fine, but this is not always granted. Consult the OM or a lawyer for the options.