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 circumstances, as assessed by the court.
Definition of prison sentence
Prison sentence means that a person loses their liberty and is confined in a penal institution. This penalty applies exclusively to felonies and is the most severe form of punishment.
Key characteristics
| Characteristic | Explanation |
|---|---|
| Type of offence | Exclusively felonies |
| Shortest duration | 1 day |
| Longest temporary sentence | 30 years |
| Life imprisonment | Possible for serious offences such as murder |
Sentence length and determination
The court determines the length of the sentence within the limits of the law, taking into account the case and the offender.
Examples of maximum sentences
| Offence | Maximum sentence |
|---|---|
| Theft without violence | 4 years |
| Serious assault | 8 years |
| Manslaughter | 15 years |
| Murder | Life imprisonment or 30 years |
Conditional release (VI)
For sentences of more than 1 year, a convicted person may be released on parole after serving two-thirds of the sentence, provided conditions are met.
Conditions for VI
- Automatic release after 2/3 of the sentence
- Mandatory general condition: no new offences
- Possible additional specific conditions
- Probationary period equal to the remaining sentence length, sometimes extended
- VI may be postponed in case of violation
Life imprisonment
In the Netherlands, life imprisonment often means a sentence for life, but since 2017 there is a possibility of reassessment.
Reassessment process
- Reassessment possible after 25 years of detention
- Assessment of risk of recidivism and resocialisation
- Possible conversion to a temporary sentence
- Based on rulings of the European Court
Execution of detention
The sentence is served in a penal institution (PI) in the region, such as under the jurisdiction of the District Court of The Hague.
Types of regimes
- House of Detention: for persons in pre-trial detention
- Prison: for convicted persons
- Lower security: with more freedoms
- Minimum security: preparation for release
Pre-trial detention and credit
Time spent in pre-trial detention is deducted from the final sentence (in accordance with Article 27 of the Criminal Code).
Leave and interruption of sentence
During detention, convicted persons may apply for leave or temporary interruption under certain conditions.
Options
- Regular leave after part of the sentence
- Special leave in exceptional situations
- Sentence interruption up to a maximum of 3 months
Frequently asked questions about prison sentences
What if I am suspected of an offence in Rijswijk?
You have the right to legal assistance, for example via the Juridisch Loket Rijswijk. You may remain silent and the police must inform you of your rights. A suspicion does not mean you are guilty.
How long may pre-trial detention last?
Without trial maximum 10 days, thereafter a judge must grant permission. Pre-trial detention has a limited duration.
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.
Do I have the right to a lawyer in Rijswijk?
Yes, legal assistance is a right. If you cannot afford it, free assistance can be arranged via the Juridisch Loket Rijswijk.
Can I appeal a judgment?
Yes, you have the option to appeal to the court of appeal.