Prison sentence constitutes the strictest sanction within Dutch criminal law. The duration varies from a few days to life imprisonment, depending on the severity of the offence and individual factors, as determined by the judge.
Definition of prison sentence
Prison sentence means deprivation of liberty in a penitentiary institution. This penalty is imposed exclusively for felonies and is considered the heaviest form of punishment.
Key characteristics
| Category | Details |
|---|---|
| Type of offence | Exclusively felonies |
| Shortest duration | 1 day |
| Longest temporary sentence | 30 years |
| Life imprisonment | Possible for serious offences such as murder or terrorism |
Sentence duration and determination
The judge determines the length of the sentence within the limits of the law, taking into account the seriousness of the offence and personal circumstances.
Examples of maximum sentences
| Offence | Maximum sentence |
|---|---|
| Standard theft | 4 years |
| Serious assault | 8 years |
| Manslaughter | 15 years |
| Murder | Life or 30 years |
Conditional release (VI)
For sentences longer than one year, a convicted person may be conditionally released after two-thirds of the sentence, provided certain conditions are met.
Conditions for VI
- Automatic release after 2/3 of the sentence
- General condition: no new offences
- Possible additional conditions imposed by the judge
- Probationary period equal to the remaining sentence, possibly extended
- VI may be postponed in case of breach
Life sentence
In the Netherlands, life imprisonment means in principle a sentence for life, but since 2017 there is a possibility of reassessment.
Reassessment process
- Possible after 25 years of detention
- Assessment of risk of recidivism and resocialisation
- Possible conversion to a temporary sentence
- Based on rulings of the ECtHR
Execution of detention
The sentence is served in a penitentiary institution (PI), with different regimes depending on the situation.
Types of regimes
- House of Detention: for suspects in pre-trial detention
- Prison: for definitively convicted persons
- Low security: with more freedoms
- Minimum security: preparation for release
Pre-trial detention and deduction
Time spent in pre-trial detention is deducted from the final sentence (in accordance with art. 27 Criminal Code).
Leave and interruption of sentence
During detention, a convicted person may be eligible for leave or temporary interruption of the sentence.
Options
- Regular leave after part of the sentence
- Incidental leave in special circumstances
- Sentence interruption up to a maximum of 3 months
Frequently asked questions about prison sentences
What if I am suspected of a felony?
You have the right to legal assistance, the right to remain silent and the police must inform you of your rights. A suspicion does not mean you are guilty.
How long can pre-trial detention last?
Without trial maximum 10 days, thereafter a judge must extend pre-trial detention. It may not last indefinitely.
What distinguishes a felony from a misdemeanour?
A felony is more serious and may lead to a prison sentence, whereas a misdemeanour is often settled with a fine.
Am I entitled to a lawyer in Westland?
Yes, everyone is entitled to legal aid. If you cannot afford it, Juridisch Loket Westland can assist you.
Can I appeal against a judgment?
Yes, you can appeal to the court of appeal, for example via Rechtbank Den Haag.