Cantonal Judge for Violations District Court of Rotterdam
The cantonal judge of the District Court of Rotterdam handles criminal cases involving violations, the mildest criminal offenses in the Netherlands. These are minor infractions carrying a maximum fine of € 4,650. Unlike crimes handled by the police judge, proceedings here are typically faster and more informal—ideal for Rotterdam residents facing everyday fines.
What are violations?
Violations are less serious than crimes and are defined in law as 'Anyone who commits a violation...'. Common examples in Rotterdam include traffic violations under the Road Traffic Regulations 1994 (RVV 1994), such as running a red light at the Erasmusbrug (if classified as a violation), noise disturbance during carnival in the city, or public urination in Kralingse Bos. The distinction from crimes is set out in Article 1 of the Criminal Code (Sr): crimes can result in imprisonment.
In Rotterdam, violations account for the majority of criminal cases, often resolved via a penal order such as a fine. If you object, the case is referred to the cantonal judge at the District Court of Rotterdam.
Legal basis
The cantonal judge has exclusive jurisdiction over violations under Article 305 of the Code of Criminal Procedure (Sv), unless otherwise provided by law. The maximum penalty is a fine of the third category (Article 23 Sr): € 4,650 for individuals and € 93,000 for companies.
The procedure is governed by Title IIIa of the Sv. Following an objection to a penal order, a summons is issued for a hearing at the District Court of Rotterdam, always before a single judge.
The procedure before the cantonal judge in Rotterdam
It often begins with a penal order from the public prosecutor, such as a fine for speeding on the A20. File an objection in writing to the prosecutor within 14 days (Article 435 Sv). You will then receive a summons with a hearing date at the District Court of Rotterdam.
At the hearing:
- The public prosecutor presents the charges.
- You present your defense, call witnesses, or submit evidence.
- The cantonal judge usually delivers the judgment on the spot.
The hearing is public; request an interpreter from the District Court of Rotterdam. A lawyer is not required but advisable for complex Rotterdam traffic cases. The Juridisch Loket Rotterdam offers free advice.
Practical examples in Rotterdam
Example: a € 100 fine for parking in a disabled spot in the city center (Article 25 RVV 1994). After non-payment and objection, the cantonal judge hears both sides and may reduce or dismiss the fine if evidence is weak.
Or noise nuisance from a café on Witte de Withstraat (Noise Abatement Act). The District Court of Rotterdam treats this as a violation. In 2022, the cantonal judge handled thousands of Rotterdam violations, mostly traffic- and environment-related.
Rights and obligations of the defendant
- Right to be heard and right of reply: Defend yourself and demand evidence (Article 348 Sv).
- Right to access the case file: Request the official report from the Public Prosecution Service.
- Obligation to attend: Failure to appear may result in up to 8 days' detention (Article 449 Sv).
- Appeal: Within 14 days to the Court of Appeal (Article 450 Sv).
Comparison: cantonal judge vs. police judge
The cantonal judge at the District Court of Rotterdam handles violations; the police judge handles crimes. Overview:
| Aspect | Cantonal Judge (violations) | Police Judge (crimes) |
|---|---|---|
| Type of offense | Minor violations, max. € 4,650 fine | More serious, up to 1 year imprisonment |
| Procedure | Following objection to penal order | Direct summons |
| Lawyer | Not required | Not required, but more often recommended |
| Hearing duration | Short, single judge | Short, single judge |
Read more about the police judge in Rotterdam.
Frequently asked questions
Do I need a lawyer at the District Court of Rotterdam?
Not required, but consult the Juridisch Loket Rotterdam for free help with higher fines.
What if I don't pay the fine?
The public prosecutor refers it to the cantonal judge; enforcement may follow the judgment.
Can I get a postponement?
Yes, request it from the District Court of Rotterdam for illness or urgent reasons, in good time.
Difference from administrative fine?
CJIB fines (e.g., from the Municipality of Rotterdam) are non-criminal and do not go to the cantonal judge unless penalized.
Tips and recommendations for Rotterdam residents
- File objection on time: Within 14 days, by letter, online, or via the Juridisch Loket Rotterdam.
- Gather evidence: Photos from the Maasboulevard, witnesses, or dashcam footage can make a big difference.
- Consider mediation: For neighbor disputes in Rotterdam neighborhoods, via the municipality or loket.
- Contact Juridisch Loket Rotterdam for personal guidance.