The kantonrechter in Leiden handles minor criminal cases, such as misdemeanours. The procedure is often simple and a lawyer is usually not necessary. What does a case before the kantonrechter entail?
What Does the Kantonrechter Do?
The kantonrechter is a single judge who deals with misdemeanours, the least serious criminal offences, and not felonies.
Key Features
| Feature | Kantonrechter |
|---|---|
| Number of judges | 1 |
| Type of cases | Misdemeanours |
| Maximum penalty | 1 year detention (not imprisonment) |
| Proceedings | Simple and quick |
| Lawyer required? | Not mandatory, often unnecessary |
Which Cases Are Handled?
In Leiden, the kantonrechter handles misdemeanours under the Criminal Code and specific legislation.
Common Examples
- Traffic offences (speeding, running a red light)
- Public drunkenness
- Minor disturbances of the peace
- Minor noise nuisance
- Violations of the APV in Leiden
- Minor environmental offences
- Non-compliance with shop opening hours
Difference with Politierechter
| Feature | Kantonrechter | Politierechter |
|---|---|---|
| Type of offence | Misdemeanours | Felonies |
| Seriousness of case | Minor | Moderate |
| Penalty range | Detention (max. 1 year) | Imprisonment (max. 1 year) |
| Criminal record | Often not | Usually yes |
How Does the Procedure Work?
The procedure before the kantonrechter in Leiden is straightforward.
Steps in the Process
- Receipt of a summons letter (not a writ of summons)
- Verification of your identity
- Brief discussion of the facts
- Opportunity for the defendant to defend
- Immediate oral judgment
What If You Do Not Appear?
For misdemeanours in Leiden, you can sometimes choose not to attend.
Options
- Judgment in absence: You do not appear, the judge rules without your input
- Written response: Submit your position in writing
- Representation: Have someone else represent you
What Penalties Can the Kantonrechter Impose?
The penalties that the kantonrechter in Leiden can impose are limited in nature.
Possible Sanctions
- Fine (most common)
- Detention (maximum 1 year, rarely applied)
- Community service (community service order)
- Driving disqualification (in traffic cases)
Possibility of Appeal
Appeal against a judgment of the kantonrechter is possible in certain cases.
Conditions for Appeal
- Only for fines above €50 or other penalties
- File within 14 days
- Handled by the court of appeal
Practical Advice for Leiden
- Study the summons carefully: what are you accused of?
- Determine whether it is useful to appear
- For minor offences, a lawyer is often not necessary
- For higher sanctions: consider legal defence
Frequently Asked Questions in Leiden
What if I am suspected of a misdemeanour?
You have the right to legal assistance, the right to remain silent, and the police must inform you of your rights. Being suspected does not mean you are guilty.
How long can I be detained?
Without a judge's permission, you may be detained for a maximum of 10 days. Thereafter, a judge must approve pre-trial detention, which cannot last indefinitely.
What distinguishes a felony from a misdemeanour?
A felony is more serious and can lead to imprisonment, while a misdemeanour is often settled with a fine. Felonies are listed in the Criminal Code.
Am I entitled to a lawyer?
Yes, you always have the right to legal aid, sometimes free if you cannot afford it. The police must inform you of this.
Can I challenge a judgment?
Yes, you can appeal a judgment, provided you meet the conditions such as the 14-day period.
Relevant Authorities in Leiden:
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46