A conditional sentence means that the convicted person does not have to serve their sentence, as long as they comply with the imposed conditions during a probationary period. If these conditions are violated, the sentence may still be imposed.
Meaning of a Conditional Sentence
According to Article 14a of the Dutch Criminal Code, a conditional sentence (such as imprisonment, fine or community service) is not executed, provided the convicted person complies with specific rules.
Standard Condition
The basic condition is that the convicted person must not commit any new criminal offences during the probationary period. In case of violation, the conditional sentence may be directly converted into an executable sentence.
Specific Conditions
The judge may impose additional conditions, such as:
- Supervision by the probation service (with reporting obligation)
- Prohibition on contact with the victim
- Prohibition or obligation to be at certain locations
- Mandatory treatment at a mental health institution or addiction clinic
- Payment of compensation to the victim
- Prohibition on alcohol consumption
Duration of the Probationary Period
The probationary period varies from a minimum of 1 year to a maximum of 3 years. For serious offences, this may extend up to 10 years.
Partially Conditional Sentence
A sentence may also be partially conditional. For example: of a 6-month prison sentence, 2 months may be conditional, meaning the convicted person only has to serve 4 months, provided they comply with the rules.
Execution upon Violation
If the conditions are violated, the Public Prosecution Service (OM) may request that the sentence be executed nonetheless. The judge determines whether this occurs in full or in part.
Frequently Asked Questions about Conditional Sentences in Zoetermeer
What if I violate the conditions of my sentence?
If you violate the conditions, the OM may request that the sentence be imposed nonetheless. The judge decides whether you must serve the sentence (in part or in full). In case of violation, contact a lawyer in Zoetermeer immediately for legal advice.
What is the duration of a probationary period?
The probationary period usually lasts between 1 and 3 years, but for serious crimes it may extend up 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, you may appeal, for example to the District Court of The Hague. Legal assistance is recommended.
What are examples of additional conditions?
Additional conditions may include: reporting obligation to the probation service, prohibition on contact with the victim, location restrictions, mandatory therapy at GGZ or addiction care, payment of compensation, or an alcohol ban.
What is the difference between fully and partially conditional?
A fully conditional sentence does not need to be served as long as you comply with the rules. With a partially conditional sentence, you serve part immediately, while the other part remains conditional, depending on your behaviour.
For legal support in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. For cases falling under the District Court of The Hague, a lawyer can assist you further.