Cantonal Judge for Offences in Tilburg
For Tilburg residents, the cantonal judge of the Zeeland-West-Brabant District Court (Breda location) handles criminal cases involving minor offences, the lightest criminal acts in the Netherlands. These involve mild infractions with a maximum fine of €4,650. Unlike crimes, which are heard by the police judge, proceedings before the cantonal judge are generally faster and simpler—ideal for common cases in Tilburg.
What are minor offences?
Minor offences are lighter than crimes and are defined in law as 'Anyone who commits an offence...'. Typical examples in Tilburg include traffic violations under the Road Traffic Regulations 1994 (RVV 1994), such as running a red light (as an offence), noise nuisance in residential areas like the Westermarkt, or public urination near Pieter Vreedeplein. Criminal Code (CC), Article 1, distinguishes these from crimes, which carry heavier penalties such as imprisonment.
In the area around Tilburg, minor offences account for the majority of criminal cases. They often begin with a penal order, such as a fine from the police or the Municipality of Tilburg. If you object, the case is referred to the cantonal judge in Breda.
Legal basis
Article 305 of the Code of Criminal Procedure (CCP) grants the cantonal judge exclusive jurisdiction over minor offences, except for statutory exceptions. Fines are capped at the third category (Article 23 CC): max. €4,650 for individuals and €93,000 for companies.
The procedure follows Title IIIa CCP. Upon objection, a summons is issued for a hearing before the cantonal judge, conducted by a single judge without a jury.
Procedure before the cantonal judge
It typically starts with a penal order from the public prosecutor, such as a fine for speeding on the Ringbaan. Within 14 days, you can object in writing to the prosecutor (Art. 435 CCP)—the Tilburg Legal Aid Office provides free assistance. You will then receive a summons for Breda.
At the hearing:
- The public prosecutor presents the charges.
- You present your defense, call witnesses, or submit evidence.
- The cantonal judge typically rules immediately.
The hearing is public; interpreters are available. A lawyer is not required but advisable for complex Tilburg traffic cases—start with the Legal Aid Office.
Practical examples
Example: a €100 fine for parking in a disabled bay in Tilburg city center (Art. 25 RVV 1994). After non-payment and objection, the cantonal judge hears your case and may reduce, suspend, or dismiss the fine if the evidence is weak.
Or noise nuisance from a café on Heuvelstraat (Noise Abatement Act). As a minor offence, it goes to the cantonal judge. The court processes thousands of regional offences each year, mostly traffic-related.
Rights and obligations of the defendant
- Right to be heard and right of reply: Defend yourself and demand proof (Art. 348 CCP).
- Right to access the file: Request the police report from the Public Prosecution Service.
- Obligation to appear: Failure to attend may result in detention of up to 8 days (Art. 449 CCP).
- Appeal: Within 14 days to the Court of Appeal (Art. 450 CCP).
Comparison: cantonal judge versus police judge
The cantonal judge handles minor offences, while the police judge deals with crimes. Overview for Tilburg residents:
| Aspect | Cantonal Judge (minor offences) | Police Judge (crimes) |
|---|---|---|
| Type of offence | Minor offences, max. €4,650 fine | More serious, up to 1 year imprisonment |
| Procedure | After objection to penal order | Direct summons |
| Lawyer | Not mandatory | Not mandatory, but more often recommended |
| Hearing duration | Short, single judge | Short, single judge |
See also our article on the police judge for further comparison.
Frequently asked questions
Do I need a lawyer before the cantonal judge?
No, not mandatory. But wise for higher fines. The Tilburg Legal Aid Office offers free advice and referrals.
What if I don't pay the fine?
The public prosecutor refers it to the cantonal judge. A judgment may lead to enforcement measures.
Can I request a postponement?
Yes, apply for postponement to the Zeeland-West-Brabant District Court due to illness or urgent reasons—submit promptly.
What is the difference with an administrative fine?
CJIB fines (from the Municipality of Tilburg) are administrative, not criminal. Objections do not go to the cantonal judge unless escalated to a criminal matter.
Tips and recommendations
- File objection on time: Within 14 days, online or by letter—get help from the Tilburg Legal Aid Office.
- Gather evidence: Photos of Tilburg situations, witnesses, or dashcam footage make a big difference.
- Consider mediation: For neighbor disputes in Tilburg neighborhoods, via the municipality or Legal Aid Office.
- Check Municipality of Tilburg: For local rules on parking or noise.