Failing to provide information when fines have been imposed will be an offence

The Public Prosecution Service (OM) is responsible for enforcing fines, which they delegate in practice to the Central Fine Collection Agency (CJIB). Fines that go unpaid, where a subsequent written warning is ignored, may be converted to a custodial sentence. With no need for a writ of execution, and beyond the control of the offender, the debt may be recovered directly from their wages, pensions, redundancy pay, or any other periodic income.

A new legislative proposal regarding the compulsory provision of information would allow the Public Prosecution Service to obtain information in anticipation of the enforcement of fines, with a view to simplifying the procedure and reducing the administrative burden of issuing warnings.

A new Article 572a of the Code of Criminal Procedure will entitle the Public Prosecution Service to obtain information from third parties as well as from offenders themselves, which will make it easier to enforce fines. The kinds of third parties in mind include banks, which would be able to provide information about account balances and loans, but could also be anyone who might know the offender's telephone number.

Professionals who are already entitled to privilege, such as doctors, civil-law notaries, solicitors and spouses, are exempted.

The Dutch Data Protection Authority was asked for its expert opinion on the bill, and stated that it raised no overriding objections.

Failing to provide information will constitute noncompliance with an official order, pursuant to Article 184 of the Dutch Penal Code, which is an offence subject to a maximum of three months detention or a fine of up to € 3,800.

Mieke Eversteijn
Criminal law attorney
mieke.eversteijn@vmwtaxand.nl

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