Homeless Romanian man should not be prosecuted for sleeping outside, court rules

A court has ruled that the Public Prosecution Service was wrong to pursue charges against a man sleeping rough in Utrecht. Bringing criminal proceedings against the Romanian national was an excessive and arbitrary decision, according to the judge.

Police encountered the homeless suspect asleep beneath the Nelson Mandela Bridge during the night in November 2024. Although sleeping outside is formally banned in Utrecht, the city council revised the accompanying guidance to the General Local Ordinance last year.

Under the updated policy, authorities are required to prioritize offering help and accommodation to rough sleepers, with enforcement largely limited to areas where outdoor sleeping causes safety concerns or ongoing disturbance.

According to the subdistrict court judge, the city council intended criminal proceedings to serve solely as a means of facilitating support services. In this case, he found that the purpose was not met, particularly as the man has since disappeared from view. The court file further contains no evidence that the suspect caused a disturbance or posed a threat to public order.

The ban on sleeping rough has been controversial in Utrecht and other cities across the Netherlands for years. Under Article 2:31 of the General Local Ordinance, homeless individuals can be fined for sleeping in public.

The Utrecht city council held discussions in January 2025 regarding the APV’s ban on sleeping outdoors, following previous motions seeking its repeal. The party BIJ1 proposed amendment A21, titled “End fines for sleeping outside,” and co-signed by city council member S.J. Nolten, but it was voted down after not obtaining enough support.

Opponents contend that this policy criminalizes poverty rather than addressing its underlying causes and may infringe basic human rights, including the right to dignified treatment and proper housing. The advocacy group Stichting GOUD has officially raised these concerns with the Utrecht municipality, maintaining that the policy is unlawful and ultimately counterproductive.

In June 2025, Amsterdam ended its policy of fining people for sleeping rough, arguing that the measure is ineffective and worsens debt, after approximately 1,800 fines were handed out between 2021 and 2024. Maastricht had taken a similar step earlier, replacing penalties with care and support, with the exception of non-poverty-related camping. More recently, Almere and Leiden have adopted the same approach.

Concerns about criminalizing homelessness are also being voiced internationally. A UN committee has called on the Netherlands to end coercive and criminal justice–based responses to homelessness and to prioritize long-term structural measures aimed at guaranteeing the right to adequate housing.

Utrecht’s homeless shelters reached full capacity amid severe cold last month, leaving many people no choice but to sleep outside despite the prohibition. Observers have described the situation as “the new normal.”