Parliament oppose plan for Prosecutor to handle more sentencing without the courts

A parliament majority have said that they are not happy about the Public Prosecution Service (OM) deciding to hand out more punishments themselves without taking the case to court. The OM wants to use this so called penalty order more often so that the courts can focus more on heavier criminal cases. The Tweede Kamer, the lower house of Dutch parliament, disagree on the alternatives.

PVV parliament member Emiel Van Dijk wants to limit this clearance from the OM. He is predicting a "negative spiral towards less and less prosecution and less severe punishments.”

The OM, as opposed to the court, is not allowed to hand out prison sentences. Van Dijk thinks that justice departments “need to work a little harder.”

Jesse Six Dijkstra of the NSC is also reluctant to have more cases handled outside of the courts, although he is not entirely opposed to the idea. “A little more discussion and thoughtfulness from parliament would help this issue.”

According to Ingrid Michon (VVD) and others, penalty notices actually prevent cases from being shelved. "The issue is not prison instead of a penalty notice. The issue is penalty notice or impunity."

Left-wing parties were critical of the decision for other reasons. Esmah Lahlah of GroenLinks-PvdA said that victims will not be able to have their voices heard if the OM handles their case. She wants more money to go to the judiciary and legal aid. SP member Michiel van Nispen also advocated for this.

The OM reported last week that is currently not making any extra steps to use penalty orders more often. The OM reversed its policies regarding asylum seekers, which means that they will usually be ordered to appear in court again. ChristenUnie leader Mirjam Bikker wondered whether this was not in conflict with the principle of equal treatment.

“The penalty order is a crucial tool in fighting crime,” justice minister David Van Weel said during the debate. Limiting this would lead to fewer prosecutions and longer waiting lists.

The PVV minister said that 100,000 of the 400,000 cases ended with a penalty order last year.