Opposition to a criminal order: term, letter and follow-up

Check whether objection is the correct legal remedy

Resistance is the route against a criminal order. It is different from administrative appeal against a Mulder fine or appeal against a criminal sentence. The same agency can send different types of mail. Therefore, start with the name of the decision and the explanation in the letter.

When in doubt, ask: who decided, what was decided and what legal remedy is available against it? The case number and a copy of the full letter will help answer those questions quickly. Do not send a general objection to any counter with the expectation that this will automatically become the correct procedure.

The main rule is fourteen days after notification

The general rule of the Public Prosecution Service is that you must file an objection within fourteen days of becoming aware of the criminal order. That requires more attention than just the date at the top of the letter. Personal presentation or other circumstance showing familiarity may be important. Therefore, make a note of exactly how and when you learned of the decision.

There is also a special upper limit if the penalty order was imposed within four months of a violation and the fine does not exceed €340: no later than six weeks after dispatch. Even then, the rule of fourteen days after notification remains relevant. This is not a general extra reflection period. Have the specific term checked immediately and do not wait for a complete file.

What information should be included in an objection

According to the Public Prosecution Service's explanation, you or your lawyer can submit a written objection. The letter goes to the public prosecutor's office that is on the decision. State your name, the public prosecutor's office number or CJIB number, the date and the authority that imposed the decision, or attach a copy. Also indicate why you disagree with the decision.

Work with a copy of what you submit and keep proof of sending or submission. Check via the current official contact information which submission method the relevant public prosecutor's office accepts. Do not assume that a message via a general contact form or regular email is sufficient in all cases. If the deadline is approaching, have the correct route confirmed.

Resistance in person and help from someone else

According to the Public Prosecution Service, you can also file an objection in person at the counter of a public prosecutor's office. This also requires the details of the decision and your reason for disagreement. In addition to you and your lawyer, a person with the appropriate written authorization may have a role in this. Different restrictions apply to written submissions by others.

Please check opening hours, identification and authorization requirements before visiting. A family member who calls or delivers mail on your behalf does not automatically have a valid legal remedy. After submitting, make a note of who you spoke to and ask how the registration is confirmed. This way you prevent practical help from being confused with a formally completed step.

Do not pay in advance while you are contesting the decision

The Public Prosecution Service instructs people who object not to pay until the objection has been dealt with. Have a payment reminder assessed; ignoring and legally challenging are different things. Save all correspondence and discuss a previous payment, direct debit or appointment with the CJIB directly with your lawyer.

Also ask how you get the file. Put your substantive questions on paper: identity, evidence, legal qualification, personal circumstances or sentence. Requesting documents is not a substitute for opposition and does not automatically extend the deadline. Make it explicit who requests the file and who monitors the submission.

Withdrawal, amendment or treatment by the court

After objection, the Public Prosecution Service can withdraw or change the decision. If the case goes to trial, you will receive a summons. The judge reassesses the criminal case. Therefore, discuss not only why the previous punishment seems unreasonable to you, but also what the documents say about the accusation itself.

An objection does not guarantee a lower sanction. The Public Prosecution Service may formulate a different demand at the hearing. An amended decision also requires attention: read whether and how the original objections continue. The information on the new decision and the current Public Prosecution Service explanation are the starting point. The guide to a subpoena helps you prepare for a hearing.

Even if you have any doubts about the term, act immediately

If you think the period has passed, submit the full timeline to a lawyer. The question of when you became aware of the decision can be legally important. Collect envelopes, receipt details and previous messages. Be precise about what you know and don't know; don't adjust data to create a more favorable story.

A blanket promise that late opposition can always be remedied is incorrect. Conversely, your own quick conclusion that nothing is possible anymore is also risky. Have us assess what procedural scope exists in your situation and what next step is responsible. Discuss the costs of that assessment and possible subsidized legal assistance.

Practical check before the term expires

Appoint one person responsible for the formal submission. If you engage a lawyer, ask explicitly whether the assignment also includes filing an objection. An appointment for an initial meeting does not in itself mean that a notice of opposition has been sent.

Keep everything in one file and keep track of follow-up mail. An acknowledgment of receipt is not a final decision on the criminal case. If you do not receive a message for a long time, ask for the status with the case number. Please continue to report changes in address and contact details via the designated route.

• Collect decision and proof of first knowledge.
• Have the start and end of the concrete objection period determined.
• Check correct parquet and permitted submission method.
• Keep a copy of the notice of opposition and proof of filing.
• Continue to review new orders, reminders and calls.