Pardon means the remission or reduction of an imposed sentence by the King. This is a rare measure that is only applied in exceptional situations, such as serious health problems or new facts after a conviction.
What does pardon entail?
Pardon, as laid down in article 122 of the Constitution, can fully or partially remit a sentence, convert it into a milder sentence or adjust the conditions. 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
- Commutation - Replacement by a less severe sentence
- Rehabilitation - Restoration of reputation after a final conviction
Reasons for pardon
Pardon may be considered for the following reasons:
- Serious medical situations, such as a terminal illness
- Changed circumstances after the judgment
- Humanitarian considerations
- When execution of the sentence would be disproportionate
How does the application procedure work?
A request for pardon must be submitted to the Minister of Justice and Security. The judge who imposed the sentence is asked for advice. Subsequently, the minister makes a decision, which is ratified by the King.
No guarantee of pardon
There is no legal right to pardon; it is a favour of the Crown. Requests are only granted in very exceptional cases, meaning that most applications are rejected.
Pardon versus revision
Pardon leaves the conviction intact, but modifies the sentence. In a revision, the conviction itself is re-examined, for example in the case of new evidence of innocence. This is a fundamental difference between the two procedures.
Frequently asked questions about pardon
Who may apply for pardon and how does it work?
Pardon can be requested by the convicted person, their lawyer or immediate family. The request must be submitted in writing to the Minister of Justice and Security, with a clear explanation of the reasons, such as health problems or humanitarian circumstances. Supporting documents, such as medical reports, can help. The minister assesses the request with input from the judge.
What are the chances of success with a pardon request?
The chance of granting pardon is small, because it is an exceptional favour. Annually, only a few requests are approved, often in cases of terminal illness or urgent humanitarian reasons. A well-substantiated request with strong arguments can slightly increase the chance, but success is never guaranteed.
What distinguishes pardon from a revision?
Pardon changes the sentence, but not the conviction. A revision, on the other hand, concerns a new assessment of the case itself, often with new evidence. Pardon is a royal decision, while revision is a judicial process via the Supreme Court.
Is partial pardon possible?
Yes, pardon can be granted partially. This may mean that part of the sentence is remitted (remission) or that a heavier sentence is replaced by a lighter one (commutation), such as a prison sentence converted into a community service sentence. The minister determines what is appropriate.
How long does processing a pardon request take?
Processing a pardon request can vary from a few months to more than a year, depending on the complexity and the necessary advice from, for example, the judge or the Public Prosecution Service. In urgent situations, such as a life-threatening illness, the process can be expedited. You will receive written notification of the outcome.
Relevant authorities in Rijswijk: For legal support, you can contact the Juridisch Loket Rijswijk. Cases fall under the District Court of The Hague (district).