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Is it too late to oppose a prosecutorial penalty order?

You think you are too late to object to a prosecutorial penalty order. Don't draw that conclusion just from the date at the top of the letter. Ask for legal review immediately.

Duration: 1:34

Further reading and sources

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 think you are too late to object to a prosecutorial penalty order. Don't draw that conclusion just from the date at the top of the letter. Ask for legal review immediately.

Note when the decision was issued personally or when you heard about it in another way. Save the letter, envelope and relevant messages. When you became aware of the order can be legally important.

There are special regulations for certain fines. Therefore, do not use a universal calculation from the internet. Have the specific decision and the circumstances of receipt assessed.

Seek legal help with the documents you already have. Request missing documents, but do not wait for every possible deadline to pass. Asking for information does not itself lodge opposition.

Explain accurately what you know about receipt and when you learned of the order. Keep supporting evidence and state uncertainty honestly. Inventing a favourable date can undermine your position.

Agree who will submit any objection and what substantiation is required. Keep proof of submission and receipt. Also have an assessment made of what a deadline problem could mean for the further procedure.

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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