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You paid a prosecutorial penalty order but want to contest it

You have paid a prosecutorial penalty order but want to contest it. Seek legal help immediately. Voluntary payment may mean that you have waived the right to lodge opposition against the order.

Duration: 1:36

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This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.

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Criminal Law in the Netherlands.

You have paid a prosecutorial penalty order but want to contest it. Seek legal help immediately. Voluntary payment may mean that you have waived the right to lodge opposition against the order.

Save the original decision and check the case number. An ordinary traffic fine and a prosecutorial penalty order are not the same. The legal consequences of payment may therefore differ.

Record when you received the order, when you paid and whether you had already lodged opposition. Payment before opposition and payment during pending proceedings require separate assessment.

Collect the bank statement and any messages regarding the payment. Indicate exactly who paid and under what circumstances. Don't fill in a missing memory after the fact to create a more favorable story.

A request for a refund or a message that you regret paying does not automatically reopen the case. Have it assessed whether a legal remedy is still possible and what period applies.

Seek legal help too if documents are missing. Determine with your lawyer which facts still need to be investigated and whether an immediate legal step is necessary. Don't let missing pieces become a reason to wait.

Read the full explanation on the Criminal Law in the Netherlands website.

Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. Public Prosecution Service: Instruction for Public Prosecution Service penalty order (2022A003), parts 2.4 and 3Opens in a new tabom.nlhttps://www.om.nl/onderwerpen/b/beleidsregels/aanwijzingen/executie/aanwijzing-om-strafbeschikking-2022a003
  2. CJIB: types of fines, letter codes and associated remediesOpens in a new tabcjib.nlhttps://www.cjib.nl/ik-ben-het-niet-eens-met-mijn-boete
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