The Public Prosecutor's Office (OM) can in Leiden and elsewhere in the Netherlands handle a case without the intervention of a judge by means of a transaction or criminal order. In doing so, a suspect can pay a fine or perform community service, thereby preventing further prosecution.
Transaction (Settlement)
A transaction, regulated in article 74 of the Criminal Code (Sr), is an offer from the OM to close a case by payment of a sum of money. After payment, the possibility of prosecution by the OM lapses.
Characteristics of a transaction
- Entirely voluntary: the suspect can decline the offer
- Payment goes to the State
- No registration on criminal record after 5 years
- No admission of guilt
Criminal Order
A criminal order, laid down in article 257a of the Code of Criminal Procedure (Sv), is a decision of the OM by which a penalty is imposed directly without a judge being involved.
Possible sanctions
- Fine
- Community service (up to 180 hours)
- Driving disqualification (maximum six months)
- Mandatory behavioral rules
Differences with transaction
In contrast to a transaction:
- A criminal order is an official determination of guilt
- It is registered on the criminal record
- This penalty can be enforced
Objecting to a criminal order
If a criminal order has been imposed, the suspect can object within 14 days. The case is then submitted to a judge, who gives an independent judgment and is not bound by the previous criminal order.
Application in practice
Transactions and criminal orders are often used in cases of:
- Common offenses such as shoplifting or vandalism
- Traffic violations and offenses
- Minor violent incidents
- Financial fraud with limited amounts
Frequently asked questions about criminal cases in Leiden
What if I am suspected of an offense or crime?
You have the right to legal assistance, may remain silent, and the police are obliged to explain your rights. Being suspected does not mean you are guilty.
How long can I be held in pre-trial detention?
Without trial maximum 10 days; thereafter a judge must grant permission for extension. Pre-trial detention has a maximum duration.
What distinguishes a crime from an offense?
A crime is more serious and can lead to imprisonment, while an offense is often settled with a fine.
Do I always have the right to a lawyer?
Yes, legal aid is a right. If you cannot afford it, pro bono assistance can be arranged.
Is appeal possible?
Yes, you can challenge a judgment at the court of appeal.
Practical information in Leiden
For legal matters in Leiden, you can go to the District Court of The Hague, Leiden location. For free legal advice, you can contact the Juridisch Loket Leiden, located at Stationsweg 46.