Pardon means that a sentence is remitted or reduced by the King. This is a rare measure that is only applied in exceptional situations, such as serious illness or new facts that make the sentence unreasonable.
Meaning of pardon
According to article 122 of the Constitution, pardon may involve the sentence being fully or partially remitted, converted into a milder sentence, or the conditions being adjusted. 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 health problems, such as a terminal condition
- Changed circumstances after the judgment
- Humanitarian considerations
- If execution of the sentence would be disproportionate
Application process in Zoetermeer
A request for pardon must be submitted to the Minister of Justice and Security. The judge who imposed the sentence is asked for advice. The final decision lies with the minister and is formally ratified by the King. Residents of Zoetermeer can contact the Juridisch Loket Zoetermeer for legal support.
No guarantee of pardon
Pardon is not a right, but a grace of the Crown. Only a small percentage of requests are granted, usually in very exceptional circumstances.
Pardon versus revision
Pardon leaves the conviction intact, but eliminates or mitigates the sentence. In a revision, the case itself is re-examined, for example in case of proof of innocence, through a legal procedure at the Supreme Court.
Frequently asked questions about pardon
Who may apply for pardon and how does it work?
Pardon may be requested by the convicted person, their lawyer or immediate family. The request must be sent 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 a medical certificate, can help. The minister seeks advice from the judge and makes a decision.
How likely is it that pardon will be granted?
The chance of pardon is small, because it is an exceptional measure. Annually, only a few requests are approved, often in cases of terminal illness or other urgent reasons. Pardon is a grace, not a right, but a well-substantiated request can increase the chance.
What distinguishes pardon from a revision?
With pardon, the conviction remains in place, but the sentence is reduced or remitted. A revision means that the case itself is re-investigated, for example in the event of new evidence of innocence, via the Supreme Court. Pardon is a royal decision, revision a judicial process.
Is partial pardon possible?
Yes, pardon can be partial. This means that part of the sentence is eliminated (remission) or that the sentence is replaced by a milder form (commutation), such as a community service order instead of imprisonment. The minister determines what is appropriate per situation.
How long does the processing of a pardon request take?
The process can take several months to more than a year, depending on the case and the workload at the ministry. In urgent cases, such as terminal illness, it can go faster. You will receive written notification of the outcome.