Prison sentence constitutes the heaviest sanction within Dutch criminal law. The duration, ranging from a few days to life imprisonment, is set by the judge based on the severity of the offense and personal factors.
Definition of prison sentence
Prison sentence means that a person loses their freedom and is confined in a penitentiary institution. This penalty applies exclusively to crimes and is the most intrusive form of punishment.
Key characteristics
| Characteristic | Explanation |
|---|---|
| Type of offense | Exclusively crimes |
| Shortest duration | 1 day |
| Longest temporary sentence | 30 years |
| Life imprisonment | Possible for serious crimes 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 offense and the situation of the offender.
Examples of maximum sentences
| Offense | Maximum sentence |
|---|---|
| Theft without violence | 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 conditionally released after serving two-thirds of the sentence.
Conditions for VI
- Automatic release after 2/3 of the sentence
- Mandatory general condition: not committing new crimes
- Possible additional conditions, such as therapy
- Probationary period equal to the remaining sentence plus possible extension
- Deferral or revocation of VI is possible
Life imprisonment in the Netherlands
A life sentence means detention for life in principle, but since 2017, re-evaluation is possible.
Re-evaluation process
- Possibility of evaluation after 25 years
- Assessment of chances of resocialization and risk of recidivism
- Conversion to a temporary sentence is possible
- Based on rulings of the European Court
Execution of detention
The sentence is served in a penitentiary institution (PI) in or near Utrecht, depending on availability.
Types of regimes
- House of Detention: for suspects in pre-trial detention
- Prison: for definitively convicted persons
- Lower security: with more freedoms
- Minimal security: preparation for return
Pre-trial detention and deduction
Time spent in pre-trial detention is deducted from the final sentence (Article 27 Dutch Criminal Code).
Leave and interruption of sentence
During detention, convicted persons may qualify for temporary leave or an interruption of the sentence.
Options
- Regular leave after part of the sentence
- Special leave in exceptional situations
- Sentence interruption up to a maximum of 3 months
Frequently asked questions about prison sentences in Utrecht
What if I am suspected of a crime?
You have the right to a lawyer, 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 I be held in pre-trial detention?
Without trial, a maximum of 10 days, after which a judge must grant permission. Pre-trial detention has a maximum duration.
What distinguishes a crime from a violation?
Crimes are more serious and can lead to a prison sentence, while violations are often settled with a fine.
Am I entitled to legal assistance?
Yes, everyone has the right to a lawyer, and if financially restricted, this can be arranged free of charge.
Can I object to a judgment?
Yes, you have the option to appeal to the court of appeal.
Contact and locations in Utrecht
Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal aid: Juridisch Loket Utrecht, Catharijnesingel 55