Penalty Order Procedure in Rotterdam

Penalty Order Procedure in Rotterdam

In Rotterdam, the penalty order procedure is a fast-track method allowing the public prosecutor at the Rotterdam Public Prosecutor's Office to impose a penalty without immediate judicial involvement. This applies to common offenses in the city, such as shoplifting in the city center or traffic fines on the A20. Residents of Rotterdam receive the order by mail and have 14 days to file an objection with the District Court of Rotterdam. This ensures an efficient process for the Public Prosecution Service (OM).

Why a Penalty Order in Rotterdam?

This procedure speeds up criminal case handling in busy areas like Rotterdam, where minor offenses with light penalties do not always require a court hearing. It saves time and resources for the police, OM, and the District Court of Rotterdam. For residents, it offers a quick resolution, with the option for a prompt objection if the sanction is incorrect.

Since September 1, 2023, under the Public Prosecution Service Penalty Order Act, the previous transaction system has been replaced by this direct penalty imposition. The public prosecutor can now impose fines, community service orders, or conditional sanctions, ideal for Rotterdam cases like parking violations or minor fights in the harbor district.

Legal Basis of the Penalty Order

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

• Art. 257a Sv: Public prosecutor may issue for penalties up to a maximum of 1 year imprisonment.
• Art. 257c Sv: Written notification with details on the facts, penalty, and objection procedure.
• Art. 257f Sv: Objection within 14 days to the District Court of Rotterdam.
• Art. 257i Sv: Upon objection, it becomes a standard case before the single-judge criminal court in Rotterdam.

These rules balance efficiency and citizens' rights. Read more in our article on the criminal procedure.

The Penalty Order Procedure Step by Step in Rotterdam

Here's how it works in practice:

1. Report and Police Investigation: For an incident in Rotterdam, such as bicycle theft at the Markthal, the police build the case file and send it to the OM.
2. OM Decision: The public prosecutor decides on dismissal, penalty order, or summons; for minor cases, often the order.
3. Receipt by Mail: You receive the letter with a description of the facts, penalty proposal (e.g., €450 fine), and instructions.
4. Your Response: Accept by paying or file an objection within 14 days. No response counts as acceptance.
5. Next Step: Upon acceptance, the penalty is enforced immediately; upon objection, a hearing at the District Court of Rotterdam.

Practical Example from Rotterdam

Example: You run a red light on the Willemsbrug and cause a scratch. The OM sends a penalty order for a €450 fine. Pay it? Done. In doubt? Filing an objection leads to a summons and hearing before the single-judge criminal court at the District Court of Rotterdam.

Rights and Obligations under Penalty Order in Rotterdam

Rights as Suspect:

• Full information on the offense and penalty.
• Access to the case file upon request at the Rotterdam Public Prosecutor's Office.
• Free objection within 14 days, no lawyer required; via the District Court of Rotterdam.
• At hearing: full procedural rights, including legal aid lawyer.

Obligations:

• Keep your address up to date with the Municipality of Rotterdam (BRP).
• Comply with the penalty upon acceptance, or face collection proceedings.
• Respond promptly to avoid complications.

Comparison: Penalty Order vs. Other Options in Rotterdam

Frequently Asked Questions about Penalty Orders in Rotterdam

Tips for Residents of Rotterdam

Avoid hassle:

• Read everything carefully: Check facts and fine amount thoroughly.
• Call the Legal Aid Office Rotterdam immediately if in doubt (free advice).
• Update your address with the Municipality of Rotterdam.
• Consider objecting to unfounded accusations; the District Court of Rotterdam handles it fairly.