Cantonal Judge for Infractions in Delft
The cantonal judge of the District Court of The Hague handles criminal cases involving infractions in the Delft region—the mildest punishable offenses in the Netherlands. These are minor violations carrying a maximum fine of €4,650. Unlike crimes, which are dealt with by the police judge, proceedings before the cantonal judge are typically faster and less formal.
What are infractions?
Infractions are less serious than crimes and are defined in law using the third form, such as 'Anyone who violates...'. Common examples in Delft include traffic infractions under the RVV 1994, like running a red light at the Markt or cycling without lights in the city center, noise disturbances from cafés around the Oude Delft, or public urination in places like the Bagijnhof. The distinction from crimes is set out in Article 1 of the Criminal Code (Sr): crimes can result in a prison sentence.
Infractions account for the majority of criminal cases in the Netherlands and are often resolved through a penal order, such as a fine. If you object, the case is referred to the cantonal judge at the District Court of The Hague.
Legal basis
The cantonal judge's exclusive jurisdiction over infractions is established in Article 305 of the Code of Criminal Procedure (Sv). The maximum penalty is a fine of the third category (Article 23 Sr): up to €4,650 for individuals and €93,000 for companies. The procedure follows Title IIIa Sv; if contested, a summons is issued for a hearing before a single judge.
The procedure before the cantonal judge in Delft
It often begins with a penal order from the public prosecutor, for example, for speeding on Phoenixstraat. File an objection in writing within 14 days (art. 435 Sv), after which you will receive a summons and hearing date at the District Court of The Hague.
At the hearing:
- The public prosecutor presents the charges.
- You can present your defense, call witnesses, or submit evidence.
- The cantonal judge delivers the judgment, usually on the spot.
The hearing is public; you have the right to an interpreter. A lawyer is not required, but consult the Legal Aid Office Delft for advice in complex cases.
Practical examples in Delft
Example: a €100 fine for parking in a disabled spot near TU Delft (art. 25 RVV 1994). After objection, the cantonal judge hears both sides and may reduce or dismiss the fine if evidence is weak.
Or noise nuisance from parties in the historic city center (Noise Abatement Act): as an infraction, it goes to the cantonal judge. In 2022, the District Court of The Hague handled thousands of such cases, many traffic-related in cities like Delft.
Rights and obligations of the defendant
- Right to be heard and right of reply: Defend yourself and demand proof (art. 348 Sv).
- Right to access the case file: Request the official report from the Public Prosecution Service.
- Obligation to attend: Failure to appear may result in up to 8 days' detention (art. 449 Sv).
- Appeal: Within 14 days to the Court of Appeal of The Hague (art. 450 Sv).
Comparison: cantonal judge vs. police judge
The cantonal judge handles infractions, the police judge crimes. Overview:
| Aspect | Cantonal Judge (infractions) | Police Judge (crimes) |
|---|---|---|
| Type of offense | Minor violations, max. €4,650 fine | More serious, up to 1 year imprisonment |
| Procedure | Often after objection to penal order | Direct summons |
| Lawyer | Not required | Not required, but often advisable |
| Hearing duration | Short, single judge | Short, single judge |
See our article on the police judge in Delft.
Frequently asked questions
Do I need a lawyer before the cantonal judge?
No, it's not mandatory, but wise for high fines. The Legal Aid Office Delft offers free initial advice.
What if I don't pay the fine?
The public prosecutor refers it to the cantonal judge; judgment may lead to enforcement measures.
Can I request a postponement?
Yes, apply to the District Court of The Hague for a postponement due to illness or urgent reasons, in good time.
What is the difference from an administrative fine?
Administrative fines (e.g., from the Municipality of Delft via CJIB) are non-criminal and do not go to the cantonal judge unless criminalized.
Tips and recommendations for Delft
- File objection on time: Within 14 days, by letter or Public Prosecution Service form.
- Gather evidence: Photos of the city center, witnesses, or dashcam footage for traffic cases.
- Consider mediation: For neighbor disputes in Delft neighborhoods; contact the Municipality of Delft or Legal Aid Office Delft.
- Seek local advice: Visit the Legal Aid Office Delft for personalized help.