Prosecutor to settle more criminal cases without going to court
The Dutch Openbaar Ministerie (OM) will increasingly impose sentences without judicial oversight, raising concerns about fairness and due process. Under a policy shift, the OM will more frequently use its authority to hand down penalties—including fines and community service—for offenses carrying a maximum prison sentence of six years. Critics warn that this expansion of prosecutorial power risks undermining legal safeguards.
"Prosecutors are not judges, and they should not act as such," said a spokesperson for the Dutch Bar Association. "A fair trial is a fundamental right, and bypassing the courts could lead to inconsistent and arbitrary justice."
The OM argues that the move is necessary to alleviate pressure on the judiciary and correctional system. "Roughly 80 percent of cases involve relatively minor offenses where short prison sentences are often ineffective," said Rinus Otte, chairman of the board of prosecutors general. "By handling these cases ourselves, we free up court time for more serious crimes."
Since 2008, the OM has had the legal authority to issue a ‘strafbeschikking,’ or prosecutorial penalty, for certain offenses. However, the agency admits it has "unnecessarily continued to summon suspects to court" in many cases. The shift means that crimes like theft and vandalism will increasingly be handled outside the courtroom, with suspects facing fines or community service rather than custodial sentences.
Criticism of the policy is not new. In 2020, the National Ombudsman warned that citizens often do not realize that accepting a prosecutorial penalty results in a criminal record. The following year, the ombudsman also criticized the OM for neglecting victims’ rights when settling cases without trial.
Otte stated that the OM is introducing a new compensation system in collaboration with Slachtofferhulp Nederland to ensure victims receive timely restitution.
Despite these assurances, legal experts remain skeptical. "Judicial oversight exists for a reason," said the Dutch Bar Association spokesperson. "If the prosecution wants to impose a penalty, it should be tested in court. Otherwise, we risk a system where efficiency trumps justice."
