During an OM hearing, also known as a TOM hearing, the public prosecutor offers a penalty proposal without the involvement of a judge. You have the choice to accept or reject this proposal. What does this mean for you in Leiden?
What is an OM hearing?
An OM hearing, or TOM hearing (Community Service Public Prosecution Service), is a way to handle criminal cases in which the public prosecutor directly proposes a penalty, without the intervention of a judge.
Key characteristics
| Characteristic | OM hearing |
|---|---|
| Who decides? | Public prosecutor |
| Type of cases | Less serious offences |
| Voluntary? | Yes, your consent is required |
| Criminal record | Yes, upon acceptance |
| Objecting | Not possible |
When is an OM hearing applied?
An OM hearing comes into play for less serious criminal cases, often handled in the Leiden region via the District Court of The Hague, Leiden location.
Examples of cases
- Shoplifting (first time)
- Mild forms of assault
- Minor public violence
- Damage to property
- Possession of drugs for personal use
- Driving under the influence (limited alcohol level)
How does an OM hearing proceed?
An OM hearing is an informal consultation with the public prosecutor, often at the courthouse in the Leiden region.
Steps in the process
- Receipt of an invitation letter
- Attendance at the courthouse
- Consultation with the public prosecutor
- Presentation of the penalty proposal
- Your decision: agree or not
- If agreed: signing of the agreement
What penalties are possible?
| Type of penalty | Maximum |
|---|---|
| Community service | 180 hours |
| Fine | Depending on the offence |
| Behavioural condition | For example, a contact ban |
| Driving ban | In certain cases |
What if you reject the proposal?
It is your right to refuse the penalty proposal. This does have consequences.
Consequences of rejection
- Your case is brought before the judge (summons)
- The judge may impose a harsher penalty
- There is also a chance of acquittal
- You receive full legal protection during a hearing
Pros and cons of an OM hearing
Advantages
- Quick resolution of the case
- No public court hearing
- Less stress than a full trial
- Clarity on the penalty
Disadvantages
- No judicial oversight
- Registration on your criminal record
- No possibility of appeal
- Acceptance implies admission of guilt
What is a penal order?
A penal order is similar to an OM hearing, but you do not need to appear in person. The public prosecutor imposes a penalty that you can accept or challenge via objection.
Advice for Leiden
- Contact a lawyer or the Juridisch Loket Leiden (Stationsweg 46) for advice
- Consider the benefits of a quick OM hearing versus a full trial
- Remember that acceptance affects your criminal record
- If in doubt about your guilt: let a judge decide
Frequently asked questions about OM hearings
Am I obliged to accept the penalty proposal?
No, you do not have to agree. If you refuse, your case will be brought before the judge, for example at the District Court of The Hague, Leiden location. This can be advantageous if you are innocent, but a higher penalty is also possible. Consulting a lawyer is advisable.
Is an OM hearing registered on my criminal record?
Yes, if you accept the proposal, it will be recorded on your criminal record. This can affect a VOG application or future jobs. Weigh this carefully against the benefits of a quick resolution.
Can I object to an OM hearing?
No, appeal is not possible in an OM hearing. If you do not accept the proposal, you can bring the case before the judge for a full hearing.