Penalty Order Procedure in Leiden

Penalty Order Procedure in Leiden

The penalty order procedure in Leiden provides a swift resolution for minor offenses by the public prosecutor, without immediate involvement of the Leiden District Court. This includes small shopliftings in the city center or parking fines in the municipality. You receive a letter and have 14 days to object at the Leiden District Court. This makes the process more efficient for the Public Prosecution Service (OM) and local residents.

Why a Penalty Order in Leiden?

In Leiden, the penalty order speeds up criminal case resolution, particularly for minor offenses such as traffic fines on the Nieuwe Rijn or small acts of vandalism. It saves time and costs for the police, OM, and Leiden District Court. For Leiden residents, it means a quick solution, with the option for prompt objection through Het Juridisch Loket Leiden if the penalty seems incorrect.

Since September 1, 2023, with the OM Penalty Order Act, the transaction has been abolished. Now, the public prosecutor can directly impose penalties such as fines, community service orders, or conditional sanctions, tailored to local cases.

Legal Basis of the Penalty Order

The procedure is set out in the Code of Criminal Procedure (CCP), Title IIIa, art. 257a-257k. Relevant rules for Leiden:

• Art. 257a CCP: Public prosecutor may issue a penalty order for penalties up to 1 year imprisonment.
• Art. 257c CCP: Written letter containing facts, penalty, and objection information.
• Art. 257f CCP: Objection within 14 days at the Leiden District Court.
• Art. 257i CCP: Objection leads to a hearing as a regular criminal case.

These rules balance speed and protection. More information? Read our article on the criminal procedure.

Penalty Order Step by Step in Leiden

This is how it works locally:

1. Report and police investigation: After an incident in Leiden, such as bicycle theft, the file goes to the OM.
2. OM decision: Public prosecutor chooses dismissal, penalty order, or summons; often the latter for simple cases.
3. Letter by mail: You receive the penalty order with a description of the facts, penalty (e.g., €450 fine), and instructions.
4. Your response: Accept (pay) or object within 14 days. No response = acceptance.
5. Enforcement: Upon acceptance, immediately payable; objection leads to a hearing at Leiden District Court.

Example from Leiden

Suppose you park incorrectly in Breestraat and cause a minor collision. OM sends a €350 fine. Pay it? Case closed. In doubt? Objecting results in a summons and hearing before the police judge at Leiden District Court.

Rights and Obligations under Penalty Order

Rights:

• Full information on the offense and penalty.
• Access to the case file upon request from the OM.
• Free objection within 14 days, no lawyer required; advice via Het Juridisch Loket Leiden.
• At hearing: full procedural rights, including legal aid lawyer.

Obligations:

• Keep your address up to date with the Municipality of Leiden (BRP).
• Comply with the penalty, or face collection.
• Respond in time to avoid issues.

Comparison of Disposals

Frequently Asked Questions

Tips for Leiden Residents

Avoid issues:

• Read everything carefully: Check facts and fine.
• Check address with Municipality of Leiden.
• Object if in doubt: Via Het Juridisch Loket Leiden.
• Pay on time or request extension.