Freedom-Restricting Measures in Rijswijk

Freedom-Restricting Measures in Rijswijk

In Rijswijk, a freedom-restricting measure is a commonly used alternative sanction in Dutch criminal law. This penalty limits the convicted person's freedom of movement without imprisonment, for example through electronic monitoring or location bans. They are imposed for less serious offenses to prevent recidivism and support reintegration into society as an alternative to short-term detention.

Legal Basis in Rijswijk

These measures were introduced by the Act of 23 December 2004 and are codified in Title IIIA of Book 1 of the Criminal Code (Sr), articles 15c to 15i. The Rijswijk District Court may impose them in lieu of a custodial sentence of up to two years maximum (art. 15c(1) Sr). Decisions are based on a pro justitia report, taking into account the offender's background, the offense, and recidivism risks in the region.

They fit within the system of conditional sentences (art. 1a et seq. Sr) and differ from traditional penalties such as imprisonment (art. 10 Sr) or detention (art. 11 Sr), as they serve as substitutes. They are often combined with a probationary period (art. 1b Sr).

Types of Freedom-Restricting Measures

In Rijswijk, three main forms are used:

• Electronic monitoring (EM) (art. 15d Sr): An ankle bracelet monitors the home situation. You may only leave for work, study, or care.
• Location and contact bans (LCB) (art. 15e Sr): Prohibitions on approaching specific locations in Rijswijk, such as a victim's address, or contacting certain persons. This builds on a standard no-contact order.
• Suspension of conditional enforcement of a fine (SCEF) (art. 15f Sr): Fine enforcement is paused subject to conditions such as reporting requirements or behavioral therapy.

Conditions and Duration in Practice

The Rijswijk District Court imposes them for sentences up to two years, provided compliance is realistic. The duration matches the original sentence, up to two years; EM starts from 14 days. The probation service oversees execution (art. 15g Sr) and reports non-compliance to the court.

Case Example 1: EM in Rijswijk

A resident steals from a Jumbo supermarket on Bogaardlaan in Rijswijk (art. 310 Sr). The prosecutor demands 4 months' imprisonment, but the Rijswijk District Court opts for 4 months' EM. The person stays home with an ankle bracelet and only leaves for work. After two months of successful compliance, it ends well.

Case Example 2: Location Ban

Following domestic violence in a Rijswijk home (art. 304 Sr), the offender receives an LCB: no access within 500 meters of the ex-partner's address in the Innen neighborhood. Violation leads to imprisonment; this provides victim safety and breaks cycles of violence.

Rights and Obligations

Rights

• Hearing and right of reply before imposition (art. 15c(3) Sr).
• Legal assistance; contact the Rijswijk Legal Aid Office for support.
• Request for adjustment in changed circumstances (art. 15h Sr).
• Privacy protection; ankle bracelet data is strictly limited.

Obligations

1. Strictly comply with conditions, e.g., staying home during EM.
2. Cooperate with the probation service.
3. Report changes in address or employment to the Rijswijk Municipality and probation service.
4. In case of breach: substitution lapses, original sentence is enforced (art. 15i Sr).

Comparison with Alternatives

FAQs for Rijswijk

Tips for Rijswijk Residents

• Seek local advice: Visit the Rijswijk Legal Aid Office for free advice on sentence alternatives.
• Follow probation: Participate in local therapy or courses via Rijswijk Municipality.
• Document everything for your file and compliance.