Police Judge Procedure at Rotterdam District Court
The police judge procedure offers an accelerated and streamlined resolution for minor criminal cases, such as traffic fines in the busy Port of Rotterdam or simple altercations in the city. It is handled by the police judge at the Rotterdam District Court, in a single-judge chamber without a public prosecutor present at the hearing. Defendants in Rotterdam typically receive the summons right away.
Legal Basis of the Police Judge Procedure
The procedure is governed by the Code of Criminal Procedure (CCP), articles 306-319 CCP. Article 306 CCP provides that the police judge handles cases where the prosecutor seeks a maximum of four years' imprisonment, but in practice, it covers offenses punishable by up to three months' imprisonment or a €22,500 fine (article 23 of the Criminal Code). Article 307 CCP requires service of the summons at least six days before the hearing, unless you agree to a shorter period.
Unlike standard criminal cases, there is no public prosecutor; the judge relies on the official report. This keeps it efficient, particularly in a vibrant city like Rotterdam, but requires thorough preparation.
The Procedure Step by Step
Here is an overview of the police judge procedure at Rotterdam District Court:
- Receiving the Summons: You get a notice with details of the offense, proposed penalty, and hearing date. Check it immediately for errors.
- Preparation: Respond in writing or seek assistance via the Legal Aid Office Rotterdam. If you deny guilt, the case is often referred to a multi-judge panel.
- Hearing: The judge reads the summons aloud. Do you admit or deny? Review the evidence; witnesses are rarely called.
- Judgment: Usually immediate or within 14 days (article 318 CCP). An admission often leads to a penalty proposal.
- Appeal: File within 14 days (article 319 CCP).
Typically one hearing lasting 15-30 minutes in Rotterdam.
Rights and Obligations of the Defendant
Your rights in the police judge procedure at Rotterdam District Court:
- Right to be heard (article 310 CCP): Present your side of the story.
- Retain counsel: Optional, but advisable for complex cases; start at the Legal Aid Office Rotterdam.
- Present evidence: Call witnesses or experts.
- Right to silence: No obligation to answer incriminating questions.
Obligations: Appear on time. Failure to do so results in a default judgment (article 312 CCP) with a penalty imposed without defense.
Practical Examples from Rotterdam
Example: Speeding on the A20 (180 km/h instead of 130). Summons to Rotterdam District Court, you admit: €800 fine plus driving ban. In 2022, Rotterdam District Court handled over 14,000 police judge cases, with 80% decided on the spot.
Another case: Shoplifting at Alexandrium. Defendant denies, challenges CCTV footage. Judge adjourns for further investigation – your right, though exceptional.
Comparison with Other Procedures
Faster than regular hearings at Rotterdam District Court. Overview:
| Aspect | Police Judge | Regular Hearing | Settlement |
|---|---|---|---|
| Duration | 1 hearing (15-30 min) | Multiple days | Written |
| Prosecutor | Absent | Present | None |
| Max Penalty | 3 months imprisonment / €22,500 | Unlimited | Fine up to €500 |
| Counsel | Optional | Recommended | Not needed |
Source: CBS and Rechtspraak.nl (2023).
Frequently Asked Questions
Bring a lawyer to police judge in Rotterdam?
Yes, always possible. No mandatory legal aid, but apply for subsidized assistance via Legal Aid Office Rotterdam if low-income.
What if you miss the hearing?
Default judgment with penalty. Attend or request postponement (article 312 CCP).
How soon is the judgment from Rotterdam District Court?
Immediate on admission, otherwise max 14 days. Appeal within 14 days (article 319 CCP).
Does a police judge penalty go on your criminal record?
Yes, fines and conditional penalties visible for 5 years; lighter cases expire sooner (article 304 CCP).
Tips for Success
Navigate the police judge successfully at Rotterdam District Court:
- Prepare: Gather evidence, like witnesses or dashcam footage from Rotterdam traffic jams.
- Weigh admission: Often leads to lighter penalty and quicker resolution.
- Seek help: Via Legal Aid Office Rotterdam or local lawyers for initial advice.
- Appeal: File promptly if dissatisfied with the judgment.