Criminal
An inquisitorial system with penalty orders — and a new procedure code adopted for 2029
Dutch criminal justice is prosecutor-led and inquisitorial: the Public Prosecution Service (Openbaar Ministerie) directs investigation and can impose a penalty order (strafbeschikking) for many offences without a trial. A wholly new Code of Criminal Procedure was adopted in 2026 but only enters into force on 1 April 2029, so the existing code still governs.
Key rules
- The Openbaar Ministerie may issue a strafbeschikking imposing a fine or community service without a court hearing; the accused can object and force a trial.
- An examining magistrate (rechter-commissaris) authorises coercive measures and tests the lawfulness of pre-trial detention.
- The current Code of Criminal Procedure remains in force until the 2026 recodification takes effect on 1 April 2029.
- There is no jury; professional judges decide guilt and sentence, sitting alone or in a panel of three by gravity.
Governing law
- Criminal Code (Wetboek van Strafrecht) (1886)
- Code of Criminal Procedure (Wetboek van Strafvordering)Current code; a 2026 recodification enters force 1 April 2029
Penalties and consequences
- Fines, community service and imprisonment
- Penalty orders (strafbeschikking) for lower-level offences without trial
In practice
A strafbeschikking is not a conviction by a court, but it is recorded and carries consequences; the two-week window to object is easy to miss. Serious cases are always tried before a judge.