What is a penal order?
A penal order (strafbeschikking) is a decision by the Public Prosecution Service (Openbaar Ministerie, OM) imposing a penalty for a criminal offence without the involvement of a judge (Article 257a of the Code of Criminal Procedure). The OM can issue a penal order for offences carrying a maximum prison sentence of six years, as well as for all minor offences. A penal order may consist of a fine, community service (up to 180 hours), a driving ban (up to six months), or a behavioural directive.
Consequences of a penal order
A penal order has the same consequences as a conviction by a court: it results in an entry on your criminal record. This can affect applications for a Certificate of Good Conduct (Verklaring Omtrent het Gedrag, VOG), your employment, visa applications, and the obtaining of certain permits. It is therefore important not to accept a penal order lightly.
When to file an objection?
You can file an objection (verzet) with the court within fourteen days of receiving the penal order (Article 257e of the Code of Criminal Procedure). Filing an objection is advisable if:
- You disagree with the accusation or the evidence is insufficient
- The imposed penalty is disproportionately high
- A criminal record would have serious consequences for your work or residence status
- There are mitigating circumstances that have not been taken into account
The objection procedure
When you file an objection, your case will be heard by the police court judge. The judge reviews the case afresh and may acquit you, impose a lower penalty, impose the same penalty, or even a higher penalty. This latter risk must be weighed against the benefits of filing an objection. With an experienced criminal defence lawyer, you increase your chances of a favourable outcome.
Time limit and legal assistance
The objection period of fourteen days is strict. Once this period has expired, the penal order becomes irrevocable. Therefore, contact Arslan Advocaten immediately if you have received a penal order. We will assess your case and advise whether filing an objection is advisable in your situation.