Freedom-Restricting Measure in Zoetermeer

Freedom-Restricting Measure in Zoetermeer

In Zoetermeer, a freedom-restricting measure provides an alternative to imprisonment for minor offenses. The District Court of Zoetermeer imposes these sanctions—such as ankle monitoring or bans on locations and contacts—to prevent recidivism and enable quicker reintegration into society, for example after incidents in the Stadshart.

Legal Basis in the Region

Since the Act of 23 December 2004, freedom-restricting measures have been governed by Title IIIA of Book 1 of the Criminal Code (articles 15c to 15i Sr). The District Court of Zoetermeer may impose them in lieu of a custodial sentence of up to two years (art. 15c(1) Sr), based on a pro justitia report. The judge takes into account the defendant's background, the offense in Zoetermeer, and recidivism risks, often combined with a probationary period (art. 1b Sr).

These measures differ from traditional penalties like imprisonment (art. 10 Sr) or detention (art. 11 Sr), as they prioritize reintegration without full incarceration.

Types of Freedom-Restricting Measures

The District Court of Zoetermeer uses three main types:

• Electronic Supervision (ET) (art. 15d Sr): An ankle monitor tracks compliance at home. Absences are allowed only for work with a local employer, study, or medical care.
• Location and Contact Bans (LCV) (art. 15e Sr): Prohibitions near specific sites, such as a residence in the Buytenwegh neighborhood, or contact with involved parties—an extension of the standard contact ban.
• Suspension of Conditional Fine Enforcement (SVVIG) (art. 15f Sr): Deferral of a fine subject to conditions like reporting duties to the Municipality of Zoetermeer or behavioral training programs.

Conditions and Duration

The District Court of Zoetermeer orders a freedom-restricting measure for sentences of up to two years where compliance is feasible. The maximum duration aligns with the sentence and never exceeds two years; ET may start from 14 days. The probation service oversees enforcement (art. 15g Sr) and reports any breaches.

Practice Example 1: Ankle Monitor in Zoetermeer

A resident steals goods from a supermarket on Rokkewei (art. 310 Sr). The prosecutor seeks four months' imprisonment, but the District Court of Zoetermeer selects ET. The individual remains at home with an ankle monitor, leaving only for work in the industrial area. Successful compliance allows early termination.

Practice Example 2: Local Location Ban

Following domestic violence (art. 304 Sr) in an apartment on Vrijheidslaan, the offender receives an LCV: no entry within 500 meters of the victim's address. Breach results in imprisonment, offering respite to those affected in Zoetermeer.

Rights and Obligations

Rights

• Hearing and right of reply at the District Court of Zoetermeer (art. 15c(3) Sr).
• Legal assistance through the Zoetermeer Legal Aid Office to argue against imprisonment.
• Request for modification due to changed circumstances (art. 15h Sr).
• Privacy protection for monitoring data.

Obligations

1. Strict adherence to rules, such as being home during ET curfew periods.
2. Cooperation with the local probation service.
3. Notification of address or employment changes to the Municipality of Zoetermeer.
4. Upon breach: reversion to the original sentence (art. 15i Sr).

Comparison with Alternatives

Frequently Asked Questions

Tips for Zoetermeer Residents

• Seek local advice: The Zoetermeer Legal Aid Office provides free initial consultations to advocate for these measures.
• Attend probation sessions and local courses for better compliance.
• Document everything: work schedules, medical appointments as proof.