Serious administrative failings in the justice system have allowed hundreds of criminal convictions to be registered under the wrong name, raising concerns that some offenders could avoid punishment while innocent people face having criminal records.

In a report published on Wednesday, the national spending watchdog Algemene Rekenkamer found that the problem affects at least 867 cases, including 141 involving serious violent or sexual offences. The audit was part of the annual review of government spending.

The mistakes stem from identity errors in legal databases, including simple data entry issues and cases of identity fraud. According to the audit office, the justice ministry has known about the issue for more than ten years but failed to take effective action.

“The consequences for the people involved and for society as a whole are serious,” audit office official Ewout Irrgang said. “We cannot prove that perpetrators are walking free, but we also cannot rule it out.”

Justice ministry officials often lack clear guidelines on how to handle such errors. As a result, some staff have taken matters into their own hands, correcting names or even changing records entirely, the audit office said. This raises concerns about the separation of powers between the judiciary and the civil service.

Junior justice minister Teun Struycken (NSC), who is responsible for legal protection, said he was first informed of the scale of the issue earlier this year and said it will take time to resolve. “Our first priority is to determine the exact scope of the problem and what it means for affected individuals,” he told news website Nu.nl.

Struycken acknowledged that in some cases, new court rulings may be required. However, he stressed that there are currently “no indications that innocent people are in prison”.

New protocols are being developed to help staff at the judicial information service Justid manage identity-related dilemmas more effectively. “We are creating space for these employees to discuss the issues openly,” Struycken said.

The Rekenkamer said successive justice ministers had failed to respond adequately, leaving civil servants without clear guidance on how to handle the errors.