Penalty Order Procedure in Amsterdam

Penalty Order Procedure in Amsterdam

The penalty order procedure provides a swift resolution by the public prosecutor in Amsterdam, without immediate judicial involvement. This applies to everyday offenses such as minor bicycle thefts in the city center or traffic fines at busy intersections. Amsterdam residents receive the order by mail and have 14 days to object at the Amsterdam District Court. This streamlines the process for the Public Prosecution Service (OM).

Why a Penalty Order in Amsterdam?

This procedure accelerates criminal case resolution in the Amsterdam region, where many simple matters arise with limited penalties. It saves time and costs for Amsterdam Police, the OM, and the Amsterdam District Court. For Amsterdammers, it means a quick solution, with the option to promptly object if the penalty seems incorrect.

Since September 1, 2023, under the Public Prosecution Service Penalty Order Act, the transaction has been replaced by this method. The public prosecutor can now impose fines, community service orders, or conditional sanctions directly, ideal for local incidents.

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 Amsterdam:

• Art. 257a Sv: Public prosecutor issues for offenses with a maximum of 1 year imprisonment.
• Art. 257c Sv: Sent by mail with details on facts, penalty, and objection period.
• Art. 257f Sv: Objection within 14 days at the Amsterdam District Court.
• Art. 257i Sv: Objection turns it into a standard case before the police judge in Amsterdam.

These rules balance efficiency and protection. For more info, see our article on the criminal procedure.

Penalty Order Procedure Step by Step in Amsterdam

Here's how it works in practice:

1. Report and Police Investigation: Amsterdam Police investigates the offense; file goes to the OM.
2. OM Decision: Public prosecutor opts for dismissal, penalty order, or summons – often the latter for simple cases.
3. Delivery: You receive the order by mail with offense description, penalty (e.g., €500 fine), and instructions.
4. Your Response: Accept (pay) or object within 14 days. No response = acceptance.
5. Enforcement: If accepted, enforced immediately; if objected, hearing at Amsterdam District Court.

Practical Example in Amsterdam

Suppose you run a red tram light on the Damrak and cause a scratch. The OM sends a penalty order with a €400 fine. Pay it? Case closed. In doubt? Objecting leads to a summons and hearing before the police judge at the Amsterdam District Court.

Rights and Obligations under Penalty Order in Amsterdam

Rights as Suspect:

• Full information on the offense and penalty.
• Access to the case file on request from the OM.
• Free objection within 14 days, no lawyer required.
• On objection: full procedural rights, including legal aid lawyer via the Amsterdam District Court.

Obligations:

• Keep address updated via Municipality of Amsterdam (BRP).
• Comply with penalty if accepted, or face collection.
• Respond in time to avoid escalation.

Comparison: Penalty Order vs. Other Options

Frequently Asked Questions about Penalty Orders in Amsterdam

Tips for Amsterdammers

Avoid hassle:

• Read everything carefully: Check facts and fine amount thoroughly.
• Verify dispatch date for objection period.
• Seek help from Amsterdam Legal Aid Desk if in doubt.
• Update address with Municipality of Amsterdam for mail.