Penal Order Procedure in Delft

Penal Order Procedure in Delft

The penal order procedure provides a swift resolution by the public prosecutor, without direct involvement of a judge. This applies to minor offenses in Delft, such as parking fines in the city center or petty shoplifting at local markets. Delft residents receive a letter by mail and have 14 days to lodge an objection with the District Court of The Hague. This ensures an efficient process for the Public Prosecution Service (PPS).

Why a Penal Order in Delft?

This method accelerates the criminal case resolution for common matters in Delft, such as traffic violations around TU Delft or the Market square. It saves time and costs for the police, PPS, and the District Court of The Hague. For residents of the Municipality of Delft, it offers a quick solution, with the option for prompt objection if the penalty appears incorrect.

Since September 1, 2023, under the Public Prosecutor's Penal Order Act, this has replaced the old transaction. The public prosecutor can now impose penalties such as fines, community service, or conditional sanctions, without payment of a sum as the only option.

Legal Basis of the Penal Order

The procedure is set out in the Code of Criminal Procedure (CCP), Title IIIa, Articles 257a to 257k. Relevant provisions for Delft residents:

• Art. 257a CCP: Public prosecutor issues it for offenses punishable by a maximum of 1 year imprisonment.
• Art. 257c CCP: Sent in writing with details on the facts, penalty, and objection period.
• Art. 257f CCP: Objection within 14 days to the District Court of The Hague.
• Art. 257i CCP: Upon objection, it becomes a standard case before the judge.

These rules balance speed and protection. For more information, read our article on the criminal procedure.

The Penal Order Procedure Step by Step in Delft

This is how it works for Delft residents:

1. Report and Police Investigation: After an incident in Delft, such as a traffic violation on Phoenixstraat, the police send the file to the PPS.
2. PPS Decision: The public prosecutor chooses dismissal, penal order, or summons; often the quick option for minor cases.
3. Receipt by Mail: You receive the letter with a description of the facts, penalty (e.g., €450 fine), and instructions.
4. Your Response: Accept by paying or lodge an objection within 14 days. No response means acceptance.
5. Enforcement: Paid? Case closed. Objection? Hearing at the District Court of The Hague.

Practical Example from Delft

Example: You park without a permit in the blue zone near the station and cause an obstruction. The PPS sends a penal order for a €350 fine. Pay it? Resolved. Doubt the facts? Lodging an objection leads to a hearing before the criminal judge at the District Court of The Hague.

Rights and Obligations in the Penal Order Procedure in Delft

Rights:

• Full information on the offense and penalty.
• Access to the case file upon request from the PPS.
• Free objection within 14 days, no lawyer required; consult the Delft Legal Aid Office for assistance.
• At a hearing: full procedural rights, including assigned counsel.

Obligations:

• Current address in the Personal Records Database (via the Municipality of Delft).
• Comply with the penalty upon acceptance, or face collection proceedings.
• Respond in time to avoid enforced execution.

Comparison: Penal Order vs. Other Options

Frequently Asked Questions about Penal Orders in Delft

Tips for Delft Residents

Avoid hassle:

• Read everything carefully: Verify facts and fine amount.
• Check your address with the Municipality of Delft.
• Lodge an objection immediately if in doubt and call the Delft Legal Aid Office (015-256 0100).
• For complex cases: request the case file and seek legal advice.