We are fully specialized in criminal law

If it cannot be proven that you committed the offense, or if it is clear that you could not have committed it, you may be acquitted or not punished at all. In such a situation, you can ask your lawyer to submit a compensation claim on your behalf, completely free of charge. You may also receive a settlement proposal (such as a fine) from the prosecutor, or your case may be resolved during a TOM hearing or a so-called pro forma hearing, meaning that everything is handled outside of court. Once you have paid the fine or completed your community service, the case is closed and there is no need for any further court proceedings. However, if you accept the settlement, you will be considered guilty of the offense and this will be officially recorded in your criminal record. As a result, the victim may claim compensation from you, and the state has the right to seize any unlawfully obtained benefits.

The trade in soft drugs such as marijuana and hashish is formally prohibited. However, to limit harm to public health and to combat nuisance and crime related to the use and trade of soft drugs, the sale of these substances is permitted only in coffeeshops that meet very strict conditions. Only residents of the Netherlands – that is, persons registered in a Dutch municipality – are allowed to enter a coffeeshop and purchase controlled substances. In addition, the so-called AHOJG criteria apply: no advertising (Affichering), no sale of hard drugs (Harddrugs), no nuisance (Overlast), no sale to minors (Jeugdigen), and no large quantities per transaction (Grote hoeveelheden). These regulations have been tightened over the years, and any violation of the rules can result in serious consequences – both criminal and administrative.

In addition to a criminal conviction, you may be refused a Certificate of Good Conduct (VOG) or be unable to obtain the required permits. The authorities may also impose an administrative penalty or temporarily close the premises. To this day, the legislator – also under international pressure – has not fully regulated the so-called 'back door', that is, the legal supply of coffeeshops. In legal practice, however, there is a line of case law that allows shop owners to maintain a certain stock for trade purposes.

You transport soft or hard drugs – this is a criminal offense under Article 2 of the Penal Code. When determining your sentence, apart from your personal circumstances, the main factors are the quantity of drugs transported and the role you played in the operation. If you were used as a so-called ‘pakezel’ (person used to transport drugs), or – even if you are not a typical criminal – you became involved in smuggling due to difficult life circumstances, the court may take this into account. Such circumstances include poverty, pressure from a criminal group, illness of a family member, or the need to care for children. An effective defense – firmly denying or invoking your right to remain silent – can work in your favor and be an argument against being seen as a ‘pakezel’. However, if the court considers you a member of an organized criminal group, the penalty upon conviction can be several times higher.

The Opium Act (Opiumwet) distinguishes between hard and soft drugs. Substances listed on Schedule I (“hard drugs”) are considered more dangerous than those listed on Schedule II (“soft drugs”). The use of drugs itself is not punishable. However, to prevent nuisance, municipalities can introduce local regulations (APV) that prohibit drug use in designated areas. Possession of both soft and hard drugs is prohibited. This distinction—as well as the quantity in your possession—matters for the severity of the penalty you may receive. Severe penalties apply for possession of hard drugs. Possession of soft drugs, such as cannabis or hashish, is tolerated for adults up to 5 grams. Penalties for drug possession can vary greatly. The amount, the circumstances of your arrest, and even your personal situation may play a role.

Selling, delivering or supplying even small amounts of hard drugs, whether in a premises or on the street, is a criminal offence under the Penal Code. If you engage in such activity for less than one month, you must expect an unconditional prison sentence of 3 months. If you have traded drugs regularly over a period of 6 to 12 months, you can expect an unconditional prison sentence of 12 months. If you acted as part of a group, you should be prepared for even harsher penalties. In the Netherlands, law enforcement authorities also apply a zero-tolerance policy towards hard drug trafficking and use extensive criminal investigation powers, such as controlled purchases, phone taps or covert operations. Even if your involvement in the offence is minor, you may be held liable under the principle of joint responsibility as if you were a main offender.

Cultivating marijuana or running a cannabis plantation is always a criminal offense. If you grow up to 5 plants for personal use, you will usually not be prosecuted – in such cases, the authorities consider it for private purposes. However, if you are caught, your case will typically be dismissed, but all your plants and equipment will be seized and confiscated or removed from circulation. If you cultivate more than 5 plants, the Public Prosecution Service will initiate criminal proceedings against you. The severity of the penalty depends mainly on the number of plants and the method of cultivation. If you grow in an organized, professional manner (e.g., at home or in a business property, with a clear intention to sell the harvest), this is treated as commercial activity.

For 50-100 plants, you will typically receive a fine of 1,000 €. For 100-500 plants, you may be sentenced to 120 hours of community service and a 1-month suspended prison sentence. For 500-1000 plants, you may face 180 hours of community service and a 2-month suspended prison sentence. If convicted, you should also expect additional financial consequences. The prosecutor can calculate your profits based on the number of harvests and impose a so-called confiscation order, requiring you to pay it back. In addition, all cultivation equipment will be seized and forfeited. If you have stolen electricity, the energy supplier will file a theft report and claim all damages from you, which can amount to tens of thousands of euros. Finally, the owner of the property where you cultivated can terminate your rental agreement and charge you for restoring the property. All these liabilities can together exceed 100,000 €.

At the request of the Public Prosecution Service, the court may, in a separate procedure, impose an obligation on you to pay a specified sum to the State as confiscation of unlawfully obtained assets (Article 36e of the Penal Code). This so-called ‘Pluk-ze legislation’ is intended to restore your financial situation to what it was before the offense was committed. The execution of this final measure is handled by the Central Judicial Collection Agency (CJIB). If you do not pay voluntarily, a bailiff will be engaged to collect the amount. If necessary, additional enforcement measures such as detention or coercive measures may be used to force payment. Information about this sanction is recorded in the criminal register and may negatively affect obtaining credit, renting a home, or concluding certain contracts in the future.