A conditional sentence means that the convicted person does not have to serve the imposed sentence, as long as he complies with the imposed conditions during a certain probationary period. If these conditions are violated, the sentence may still be enforced.
Meaning of a Conditional Sentence
According to article 14a of the Dutch Criminal Code, a conditional sentence means that a conviction (such as imprisonment, fine or community service) is not enforced immediately, provided the convicted person complies with specific conditions.
Standard Condition
The most important standard condition is that the convicted person must not commit any new criminal offences during the probationary period. If this is violated, the conditional sentence may be converted into an actual sentence.
Specific Conditions
The judge may impose additional, specific conditions, such as:
- Supervision by the probation service (including reporting obligation)
- A prohibition on contact with the victim
- A prohibition or obligation to stay at certain locations
- Mandatory treatment at a mental health institution or addiction clinic
- Payment of compensation to the victim
- A prohibition on alcohol use
Duration of the Probationary Period
The probationary period usually lasts between 1 and 3 years. For serious offences, this period may be extended to a maximum of 10 years.
Partially Conditional Sentence
Sometimes a sentence is imposed partially conditionally. For example: a prison sentence of 6 months, of which 3 months are conditional. This means that the convicted person must serve 3 months, while the remaining 3 months depend on his behaviour during the probationary period.
Enforcement in Case of Violation
If the conditions are violated, the Public Prosecution Service (OM) may request that the sentence be enforced nevertheless. The judge then decides whether the sentence is enforced in full or in part.
Frequently Asked Questions about Conditional Sentences in Westland
What happens if I violate the conditions of my sentence?
If you do not comply with the conditions, the OM may file a request to convert the conditional sentence into an actual sentence. The judge decides on this. This may mean that you still have to serve a prison sentence or pay a fine. Contact a legal advisor at Juridisch Loket Westland immediately if you think you have violated a condition.
How long does the probationary period last for a conditional sentence?
The probationary period varies from a minimum of 1 year to a maximum of 3 years. For serious crimes, this can amount to 10 years. During this time, you must comply with all conditions to prevent the sentence from being enforced.
Can I refuse a conditional sentence?
No, a conditional sentence is a binding decision of the judge and cannot be refused. If you disagree with the judgment, you can appeal to the court of appeal, for example via the District Court of The Hague. Legal assistance is recommended.
What are examples of specific conditions?
Specific conditions may include: supervision by the probation service, a no-contact order with the victim, a location restriction or obligation, mandatory treatment at a mental health institution, payment of compensation, or an alcohol ban. These are determined by the judge based on the offence.
What is the difference between a fully and partially conditional sentence?
With a fully conditional sentence, you do not have to serve the sentence as long as you comply with the conditions. With a partially conditional sentence, you must serve part immediately, while the other part depends on your behaviour. For example: 6 months sentence, of which 2 conditional and 4 immediate.