Pardon means that a sentence is remitted or reduced by the King. This is a rare measure that is only applied in exceptional situations, such as serious illness or new facts.
Meaning of Pardon
According to article 122 of the Constitution, pardon may involve the sentence being fully or partially remitted, converted into another sanction, or the conditions being adjusted. The King grants this on the advice of the Minister of Justice and Security.
Types of Pardon
- Remission - Full or partial lifting of the sentence
- Sentence conversion - Replacement by a milder sentence
- Rehabilitation - Restoration of reputation after a final conviction
Reasons for Pardon
Pardon may be considered for the following reasons:
- Serious health problems (such as terminal illness)
- Changed circumstances after the judgment
- Humanitarian considerations
- Disproportionate impact of the sentence
Application Procedure
A request for pardon must be submitted to the Minister of Justice and Security. The judge who imposed the sentence is asked for advice. The final decision lies with the King, after approval by the minister.
No Automatic Right
Pardon is not a right, but a grace of the Crown. Only a small number of requests are granted annually, exclusively in very exceptional cases.
Pardon versus Revision
Pardon leaves the conviction intact, but strikes or reduces the sentence. In revision, the case is reviewed again, for example in the event of proof of innocence, through a legal process at the Supreme Court.
Frequently Asked Questions about Pardon
Who may apply for pardon and how does that work?
The convicted person, their lawyer, or immediate family members may apply for pardon. This must be done in writing to the Minister of Justice and Security, with a clear explanation of the reasons and possibly supporting documents, such as medical reports.
What are the chances of pardon?
The chance of pardon is small, because it is an exceptional grace. Annually, only a few requests are approved, usually in cases of terminal illness or urgent humanitarian reasons. A well-substantiated request can increase the chance.
What distinguishes pardon from revision?
Pardon changes the sentence, but not the conviction. Revision concerns a new assessment of the case itself, for example in the event of new evidence, and proceeds via the Supreme Court.
Can pardon also apply to part of the sentence?
Yes, pardon can be partial, whereby part of the sentence is remitted, or the sentence can be converted into a lighter form, such as from imprisonment to a community service sentence.
How long does a decision on pardon take?
The processing of a pardon request can take several months to more than a year, depending on the case and the workload. In cases of urgency, such as serious illness, it can go faster. The decision is received in writing.
Relevant Authorities in Westland:
- Court: District Court of The Hague (district)
- Legal Aid Office: Juridisch Loket Westland