Traffic summary penalty order: what can the Public Prosecution Service impose and how do you lodge an objection?
A penal order is a penalty imposed by the public prosecutor directly, without a judge. In traffic cases, this can consist of a fine, community service of up to 180 hours, or a driving ban of up to six months, but never a prison sentence. If you disagree with it, you must generally lodge an objection within fourteen days; after that, the case goes to the criminal court.
Below, you can read exactly what a penal order is, what it may contain, how an objection works, and what the consequences are for your judicial record. We also explain how a penal order differs from a regular traffic fine under the Mulder Act.
What is a penal order in a traffic case?
A penal order is a decision by the Public Prosecution Service (OM) by which a criminal case is settled without a hearing. The legal basis is Article 257a of the Code of Criminal Procedure (Sv).
According to Article 257a, paragraph 1, of the Code of Criminal Procedure, the Public Prosecutor may issue a penal order for infractions and felonies punishable by a maximum of six years' imprisonment. This applies to most traffic offenses, such as driving under the influence (Article 8 of the Road Traffic Act 1994), driving while disqualified, or a speeding violation of more than 30 km/h.
In addition to the Public Prosecution Service summary penal order, there is the police summary penal order (Article 257b of the Code of Criminal Procedure). This is issued by an investigating officer and is intended for simple offenses punishable only by a fine. This article primarily concerns the Public Prosecution Service summary penal order.
What penalties can the public prosecutor impose?
The public prosecutor may impose a fine, community service of up to 180 hours, and a driving ban of up to six months. He cannot impose a prison sentence or detention; a judge is always required for that.
Article 257a, paragraph 2 of the Code of Criminal Procedure lists, among others, these penalties and measures:
- a fine;
- a community service sentence of no more than 180 hours;
- a disqualification from driving motor vehicles for a maximum of six months;
- a payment obligation for the victim (compensation);
- withdrawal from circulation of seized objects.
In addition, pursuant to Article 257a, paragraph 3 of the Code of Criminal Procedure, the penal order may contain instructions. An example is the relinquishment of seized items or a behavioral instruction with a probationary period of up to one year. Upon conviction, a judge may impose a harsher penalty: a community service order can then amount to up to 240 hours pursuant to Article 22c of the Penal Code. You can read more about the various penalties on our page about penalties and measures in traffic criminal law.
Will you be heard first?
In the case of a community service order or driving ban, the public prosecutor must first hear you, in accordance with Article 257c, paragraph 1, of the Code of Criminal Procedure. You will then be informed of the possibility of having a lawyer assigned.
If the fine and compensation together exceed €2,000, the public prosecutor may only issue the summary penal order pursuant to Article 257c, paragraph 2, of the Code of Criminal Procedure after you have been heard with the assistance of a lawyer. In practice, such a meeting is often referred to as a Public Prosecution Service hearing. A written report is made of the hearing.
How long do you have to object?
The objection period is fourteen days, in accordance with Article 257e, paragraph 1, of the Code of Criminal Procedure. This period begins to run as soon as you have received the penal order in person or as soon as it becomes apparent that you are aware of it in another way.
For a small fine of up to €340 for an offense, a longer period of six weeks applies after the notice is sent. Please note: if you pay the fine, you can no longer lodge an objection. Payment is therefore considered acceptance of the penalty order.
You lodge an objection with the Public Prosecution Service stated on the summary penal order (Article 257e, paragraph 2 of the Code of Criminal Procedure). This can be done in writing, with a signed letter, or in person. In the objection, you must state your name and an indication or copy of the summary penal order. You may explain your objections, but this is not mandatory.
What happens after you have lodged an objection?
Following your objection, the public prosecutor will review the case again. He may withdraw or amend the penal order (Article 257e, paragraph 9 of the Code of Criminal Procedure), or refer the case to the court.
If the public prosecutor presents the case, you will be summoned to a hearing in accordance with Article 257f, paragraph 1, of the Code of Criminal Procedure. At least ten days must elapse between the service of the summons and the hearing. The description of the offense in the summons then serves as an indictment, just as with a subpoena.
The judge, usually the police judge or the subdistrict court judge, re-examines the case in its entirety. He can acquit you, dismiss the prosecution, or convict you. In all these cases, he annuls the penal order (Article 257f, paragraph 4 of the Code of Criminal Procedure). The judge is not bound by the sentence imposed in the penal order. The outcome can therefore be lower, equal to, or higher.
You may withdraw your objection pursuant to Article 257e, paragraph 8 of the Code of Criminal Procedure until the start of the hearing. However, by doing so, you waive the right to lodge a new objection.
What are the consequences for your judicial record and a Certificate of Conduct?
A summary penal order for a criminal traffic offense is registered with the Judicial Information Service. The Public Prosecution Service records this, for example, for speeding violations of more than 30 km/h and, on the motorway, from 40 km/h.
In principle, an irrevocable penal order counts as a prior settlement, just like a conviction by the court. This can be of importance in a subsequent traffic case, as the Public Prosecution Service imposes harsher penalties for repeat offenses.
For a Certificate of Conduct (VOG), Justis examines your judicial records. The standard lookback period is four years. For transport positions, such as taxi driver or road transport operator, the following applies according to Justis a term of five years. Whether a traffic offense leads to refusal depends on the position for which you are applying for the Certificate of Conduct.
What is the difference compared to a Mulder fine?
A Mulder fine is an administrative sanction under the Administrative Enforcement of Traffic Regulations Act (WAHV). A penal order is a criminal settlement under the Code of Criminal Procedure.
| Topic | Mulder fine (WAHV) | Penal Order (Criminal Procedure Code) |
|---|---|---|
| Type of fact | Minor traffic offenses from the annex to the WAHV | Criminal offenses, including traffic offenses |
| What can be imposed | Only a sum of money | Fine, community service, driving ban, compensation |
| Objection | Appeal to the Public Prosecutor, subsequently to the Sub-district Court (Articles 6 and 9 WAHV) | Objection to the Public Prosecution Service, followed by a hearing before the criminal court (Articles 257e and 257f of the Code of Criminal Procedure) |
| Term | Six weeks | As a rule, fourteen days |
| Judicial documentation | No | Yes |
In the case of a Mulder fine, the sanction can also be imposed on the registered owner pursuant to Article 5 of the WAHV. With a summary penal order, the Public Prosecution Service must determine who committed the offense. You can read more about the difference in our article on speeding violations.
What can we do for you regarding a penal order?
- We assess whether the summary penal order is legally correct, such as the description of the offense and the imposed penalty.
- We check whether the objection period is still running and, if necessary, file an objection on your behalf.
- We are requesting the file from the Public Prosecution Service and reviewing the evidence, such as measurements and official reports.
- We assist you during a Public Prosecution Service hearing.
- We will discuss with you the consequences for your driver's license, your work, and any potential Certificate of Conduct.
- We represent you before the police judge or subdistrict court judge if the case goes to hearing following an objection.
Summary
- The Public Prosecutor may impose a penal order for infractions and felonies with a maximum penalty of up to six years (Article 257a of the Code of Criminal Procedure).
- Possible penalties include a fine, community service of up to 180 hours, and a driving ban of up to six months; a prison sentence is not.
- As a rule, an objection must be lodged within fourteen days (Article 257e of the Code of Criminal Procedure); whoever pays can no longer lodge an objection.
- Following an objection, the judge decides the case anew and is not bound by the penal order.
- A penal order is registered in the judicial documentation; a Mulder fine is not.
Frequently asked questions about the penal order
Can I pay first and object later?
No. According to Article 257e, paragraph 1 of the Code of Criminal Procedure, opposition is no longer possible after you have voluntarily paid the penal order. If you wish to object, file an opposition first.
Am I allowed to drive during the objection period if I have been given a driving ban?
That depends on the status of your driving licence, for example, whether it is still suspended by the Public Prosecution Service. Have this checked thoroughly beforehand, as driving while a valid disqualification is a criminal offence (Article 9 of the Road Traffic Act 1994).
Can the judge give me a heavier sentence after an appeal?
Yes, that is possible. The judge assesses the case independently and is not bound by the Public Prosecution Service's summary penal order. A harsher sentence is therefore possible, as is a lighter sentence or acquittal.
What if I missed the fourteen-day deadline?
In principle, the judge declares an objection filed too late inadmissible (Article 257f, paragraph 4 of the Code of Criminal Procedure). However, it may be relevant exactly when the time limit began to run, for example, whether you actually received the penal order.
Questions about your case?
Email us a few sentences explaining what your question is about, via info@lawandmore.nlWe will let you know if we can help you and what the next step is.
This article provides general information and does not replace advice regarding your specific situation.
