Upon release from detention, a probation period is often imposed. During this period, you must comply with certain rules, otherwise your freedom may be revoked in case of violations.
When does a probation period apply?
A probation period is applied in the following situations:
- Conditional conviction
- Conditional release (CR)
- Conditional termination of TBS
- Suspension of pretrial detention
How long does a probation period last?
- Conditional sentence: Usually 1 to 3 years, in case of serious offences possibly up to 10 years
- CR: Equal to the remaining sentence, with a maximum of 2 years
- TBS: Between 1 and 9 years
Standard conditions
The most important general condition is that you may not commit any new criminal offences during the probation period.
Specific conditions
The judge or the Public Prosecution Service may impose additional rules, such as:
- Regular reporting to the probation service
- Mandatory treatment (for example for addiction or mental health)
- Prohibition on contact with certain persons
- Prohibition on visiting certain areas or obligation to reside somewhere
- Prohibition on use of drugs or alcohol
- Obligation to work or follow education
Supervision and monitoring
The probation service ensures that you comply with the conditions. In case of violations, this is reported to the Public Prosecution Service.
Consequences of violation
If you do not comply with the rules, the following may happen:
- The conditional sentence is executed after all
- The conditional release is revoked
- The probation period is extended
- Stricter or additional conditions are imposed
Frequently asked questions about probation period
How long exactly does my probation period last?
The duration of a probation period varies per case. In a conditional conviction, this is often 1 to 3 years, but in serious cases it can amount to 10 years. In conditional release (CR), the probation period corresponds to the remaining sentence, with a maximum of 2 years. For TBS, a probation period of 1 to 9 years applies. The exact duration is stated in your judgment.
What if I violate a condition?
In case of violation of a condition, the Public Prosecution Service may intervene. Possible consequences are: execution of the conditional sentence, revocation of your CR, extension of the probation period or imposition of stricter rules. The probation service reports violations to the Public Prosecution Service, which takes action. Contact your probation supervisor with questions.
Am I obliged to report to the probation service?
A reporting obligation to the probation service is often a special condition. How often you must report depends on your situation and is stated in your conditions. This can vary from weekly to monthly. Failure to comply is regarded as a violation. Ask your supervisor for explanation if unclear.
Can I terminate my probation period earlier?
Shortening or terminating a probation period is exceptional. Only if you have behaved excellently and complied with all conditions, a judge may consider this. However, this happens rarely. Discuss this with your lawyer or probation officer if you think it is possible.
What happens if I commit a new offence during my probation period?
Committing a new criminal offence during the probation period is a serious violation. This may lead to revocation of your conditional freedom and execution of the original sentence. In addition, you may be prosecuted for the new offence, which may lead to additional punishment or stricter conditions. Seek legal advice if suspected.