The Difference Between an Infraction and a Crime

The short answer

Infractions are minor criminal offenses for which only a fine can be imposed, such as traffic violations or noise nuisance. Crimes are serious criminal offenses for which imprisonment is possible, such as theft, fraud or violence. The difference lies in the severity of the offense and the possible punishment. For an infraction, you go to the police judge, for a crime to the multiple-judge court. This distinction is laid down in the Criminal Code.

What does the law say?

The Criminal Code makes a clear distinction between infractions and crimes. Infractions are in Book 3 of the Criminal Code and have a maximum fine. Crimes are in Book 2 and carry heavier sentences such as imprisonment. The legislator has deliberately made this distinction to emphasize the seriousness of different criminal offenses. This also determines which court has jurisdiction and which procedure is followed.

What should you watch out for?

Pay close attention to which court summons you - this already indicates whether it is an infraction or a crime. For infractions, you often first receive a fine that you can pay without going to court. For crimes, the procedure is usually more extensive with more rights for suspects. The distinction also has consequences for your criminal record and any implications for work or licenses.

Example from practice

Suppose you drive 15 km/h too fast within the built-up area - this is an infraction under the Road Traffic Act. You will receive a fine of about €30 that you can simply pay. But if you were also under the influence while driving too fast, then it becomes a crime under Article 8 of the Road Traffic Act. Then you can be summoned to court and risk a much heavier punishment. So the difference often lies in the circumstances and severity of your action.

What can you do?

If you receive a fine or summons, it is important to understand exactly what is being charged against you.