Objection to a penalty notice: What to do?


Questioner

Should legal reasons be given in an objection to a penalty notice or is it sufficient to simply state that you disagree with the penalty notice?

Lawyer

Dear, A penalty order is in principle free of form. Article 257e paragraph 4 of the Code of Criminal Procedure does state the following: 'The name of the suspect must be stated in the objection, as well as a precise indication or copy of the penalty order against which the objection is directed. The suspect may provide an address in the Netherlands to which notifications about the criminal case can be sent. Written objections to the penalty order may be stated in the objection.' You do not have to state your objections in the objection. However, I do advise you to do so. The public prosecutor can - based on your objection - terminate the criminal case if he agrees with your objections. If you do not state any objections, you will have to appear before the judge anyway. In the case of a high fine or a crime, I advise you to hire a lawyer. Many lawyers are also prepared to draw up the objection to the penalty order for you.

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