Prison sentence constitutes the heaviest sanction within Dutch criminal law. The duration varies from a few days to life imprisonment, depending on the severity of the offence and the situation of the convicted person, as determined by the judge.
Definition of prison sentence
Prison sentence means that a person loses their freedom and is confined in a penal institution. This penalty applies exclusively to felonies and is the heaviest form of punishment.
Key characteristics
| Category | Details |
|---|---|
| Type of offence | Exclusively felonies |
| Shortest duration | 1 day |
| Longest temporary sentence | 30 years |
| Life imprisonment | Possible for serious felonies such as murder |
Sentence duration and determination
The judge determines the length of the sentence within the limits of the law, taking into account the nature of the offence and personal factors.
Examples of maximum sentences
| Offence | Maximum sentence |
|---|---|
| Standard theft | 4 years |
| Serious assault | 8 years |
| Manslaughter | 15 years |
| Murder | Life imprisonment or 30 years |
Conditional release (VI)
For sentences longer than one year, a convicted person may be released on parole after serving two-thirds of the sentence, provided certain conditions are met.
Conditions and rules
- Release after 2/3 of the sentence, if no violations
- General condition: no new offences
- Specific conditions possible, such as therapy
- Probationary period equal to the remaining sentence plus extra time if necessary
- VI may be postponed in case of violations
Life imprisonment in the Netherlands
Life imprisonment means in principle forever, but since 2017 there is a possibility of reassessment after a certain period.
Possibility of review
- Reassessment after 25 years of detention
- Assessment of chances of reintegration into society and risk of recidivism
- Possible conversion to a temporary sentence
- Regulation based on European case law (ECtHR)
Execution of detention
The sentence is served in a penal institution (PI) with different security levels.
Types of regimes
- Remand prison: for pre-trial detention
- Prison: for definitive convictions
- Lower security: with more freedoms
- Minimum security: preparation for release
Pre-trial detention and deduction
The time spent in pre-trial detention is deducted from the final sentence (Article 27 Dutch Criminal Code).
Leave and interruption of sentence
During detention, a convicted person may qualify for leave or temporary interruption of the sentence.
Options
- Regular leave after part of the sentence
- Special leave in exceptional situations
- Temporary interruption, maximum three months
Frequently asked questions about prison sentences in Zoetermeer
What if I am suspected of an offence?
You have the right to legal assistance, the right to remain silent, and the police must inform you of your rights. Being suspected does not mean you are guilty.
How long can 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 can lead to a prison sentence, whereas a misdemeanour is often settled with a fine.
Do I have the right to a lawyer in Zoetermeer?
Yes, legal assistance is a right and can be provided free of charge if you cannot afford the costs. Contact the Juridisch Loket Zoetermeer for support.
Can I appeal a judgment?
Yes, you have the opportunity to appeal to the court of appeal.
Contact and support in Zoetermeer
For legal assistance, you can go to the Juridisch Loket Zoetermeer. Cases are handled by the Rechtbank Den Haag, under which Zoetermeer falls.