How do I object to a penalty notice for simple insult to a civil servant?

Questioner

My 18-year-old daughter insulted a police officer (indoors) earlier this month and spent a night in jail for it. Today she received a penalty notice of 309 euros for 'simple insult to a civil servant in the presence of a person verbally'. That she insulted the officer is beyond dispute, but given the circumstances under which this took place, I find the punishment disproportionate. Is there any point in appealing and if so, do you have any tips for me? Yours sincerely,

Lawyer

Dear Sir/Madam, Filing an objection against a penalty notice is often useful. A penalty notice is equivalent to a conviction by a judge and a note of this in the judicial documentation (criminal record) can prevent the issuance of a VOG (certificate of good conduct). You must file an objection within two weeks of receipt. A conviction for an insult is a criminal offence. When imposing the sentence, the LOVS guidelines are often followed. However, attention is hardly ever paid to the circumstances under which the act was committed. It is also relevant whether your daughter was younger than 18, or was already 18 at the time the criminal offence was committed, due to the application of the Juvenile Criminal Law. Incidentally, your daughter may qualify for funded assistance in these proceedings, because it is a criminal offence, depending on her income. If you would like more information, you can contact me by telephone.