A conditional sentence means that the convicted person does not have to execute the 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 imposed.
Meaning of a Conditional Sentence
According to article 14a of the Criminal Code, a conditional sentence means that an imposed sanction, such as imprisonment, a fine or community service, is not executed immediately. This applies only if the convicted person complies with specific rules.
Standard Condition
The most important standard condition is that the convicted person may not commit any new criminal offences during the probationary period. If this is violated, the sentence may still be executed.
Specific Conditions
The judge may impose additional, specific conditions, such as:
- Supervision by the probation service (for example, a reporting obligation)
- A prohibition on contact with the victim
- A prohibition or obligation to be 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. In the case of serious offences, this period may however be extended to a maximum of 10 years.
Partially Conditional Sentence
Sometimes a sentence is partially conditional. For example: of a prison sentence of 6 months, the convicted person must serve 4 months immediately, while the remaining 2 months remain conditional and depend on good behaviour.
Execution in Case of Violation
If the conditions are violated, the Public Prosecution Service (OM) may request that the sentence be executed nevertheless. The judge then determines whether the sentence is imposed in full or in part.
Frequently Asked Questions about Conditional Sentences in Rijswijk
What if I do not comply with the conditions of my conditional sentence?
If you violate the conditions, the OM may request that the sentence be executed nevertheless. The judge decides whether you must undergo the sentence, or part of it. In the event of a possible violation, contact a legal advisor immediately.
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. In the case of serious crimes, this can amount to 10 years. During this time, you must comply with all conditions.
Can I refuse a conditional sentence?
No, a conditional sentence is a binding decision of the judge. If you disagree with the judgment, you can appeal. Seek legal assistance for this.
Which specific conditions can a judge impose?
Examples of specific conditions are: probation supervision, a no-contact order with the victim, a location ban or requirement, mandatory therapy with mental health care or addiction care, payment of compensation, or an alcohol ban. These are tailored to the offence.
What is the difference between fully and partially conditional?
With a fully conditional sentence, you do not have to serve anything, provided you comply with the rules. With a partially conditional sentence, you serve part immediately, while the other part depends on your behaviour during the probationary period.
For legal assistance in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases are handled at the Rechtbank Den Haag, under which Rijswijk falls.