Received a penalty order? Paying is confessing
With a penalty order (strafbeschikking) the public prosecutor imposes a sentence on you directly, without a court. It seems a quick solution — but paying means acknowledging guilt, with an entry in your judicial documentation. And the time limit for objecting is only fourteen days.
Do not pay automatically
Those who pay acknowledge guilt. The penalty order is recorded in your judicial documentation and can have consequences for a VOG — and thus for your work. Let us take a look first.
Note the time limit: fourteen days
An objection must be lodged within fourteen days of issue or receipt. After that the penalty order becomes final. So contact us straight away — including at the weekend via WhatsApp.
We assess the case file and your chances
We request the case file and assess whether the evidence supports the order. Often there is more room than the OM suggests: acquittal, a lower sentence or a disposal without criminal-record consequences.
Object or negotiate
After an objection the case comes before the court after all — or we achieve a more favourable outcome with the OM. At an OM hearing (public prosecutor’s hearing) too we stand beside you; there is often still room to negotiate.
Can objecting also turn out unfavourably?
The court is not bound by the sentence in the order and can in theory go higher. That is why we first weigh the case file: how strong is the evidence, what is the usual sentence, and what does an entry mean for your work and future?
We make that assessment daily. You get honest advice from us — even if that advice is to accept the order.
The OM hearing and the OM hearing session
For higher sentences or juvenile cases, the OM first invites you for a conversation: the OM hearing or OM hearing session. What you say there counts fully. Never appear there without preparation and preferably not without a lawyer.
Also read our separate page about the OM hearing session, or call us as soon as you have received a summons.
Which punishments can a punishment order contain?
The public prosecutor can impose, among other things, a fine, community service, a driving disqualification or instructions concerning your conduct. Imprisonment cannot be imposed by punishment order — only the court can do that.
That no judge is involved does not mean the consequences are small. A punishment order for a crime appears on your judicial documentation, and community service or a disqualification cuts straight into your daily life. So treat the letter for what it is: a punishment, not a parking ticket.
The punishment order and your certificate of conduct: the hidden price
For many jobs, internships and permits you need a certificate of conduct (VOG). In assessing it, Justis looks at your judicial documentation — and an accepted punishment order appears on it, just like a conviction.
If you work in healthcare, education, childcare, taxi transport or the financial sector, or ever want to, then “paying for convenience” can cost you a job years later. That consequence is stated nowhere in the letter from the prosecution service. We do take it into account in our advice.
How objection works in practice
We lodge the objection for you in writing with the prosecution office stated in the punishment order, within the time limit of fourteen days. The obligation to pay then lapses and the case is reassessed: the prosecution can withdraw or amend the order, or bring the case before the court.
If it comes to a hearing, we prepare it like any criminal case: requesting the file, weighing the evidence, and steering towards acquittal or the lightest possible outcome. And if along the way withdrawing the objection turns out to be wiser after all, that is possible — you keep that choice in your own hands for a long time.
Veelgestelde vragen
I have already paid. Can I still go back?
Paying in principle counts as a waiver of objection. Contact us anyway: in special cases something can sometimes still be done, but speed is required.
Will a penalty order give me a criminal record?
A penalty order for an offence is recorded in your judicial documentation and can complicate a VOG application. Precisely for that reason, paying unthinkingly is often unwise.
What does lodging an objection cost?
The objection itself is free of charge. For our assistance you may be eligible for legal aid depending on your income; otherwise we make a clear price arrangement in advance.
Does the time limit also apply if I never received the letter?
If the penalty order was not served in person, the time limit only starts to run once you actually become aware of it. Call us straight away if you have only just found out.
What happens if I do not pay and do not object?
Then the punishment order stands and is enforced, if necessary with surcharges and coercive measures. Not paying is therefore no alternative to objecting — it only makes your position worse.
Can the prosecution withdraw the order after my objection?
Yes. After an objection the prosecution reassesses the case and can withdraw or amend the order. A well-substantiated objection sometimes leads to a better result without any judge being involved.
I received a proposal via ZSM right after my arrest. Does the same apply?
Yes — precisely with fast-track settlements the risk of a rushed decision is high. Do not sign or accept anything before you have spoken to us; there too the consequences for your judicial documentation and certificate of conduct apply in full.