Pardon concerns the remission or reduction of an imposed sentence by the King. It is an extraordinary measure that is only applied in exceptional situations, such as serious illness or new facts that make the sentence unreasonable.
Definition of pardon
Pardon, enshrined in article 122 of the Constitution, means that a sentence is fully or partially remitted, converted into a milder sentence, or that the conditions are adjusted. The King grants this on the advice of the Minister of Justice and Security.
Types of pardon
- Remission - Full or partial remission of the sentence
- Commutation - Replacement by a lighter sentence
- Rehabilitation - Restoration of reputation after a final conviction
Reasons for pardon
Pardon may be considered for the following reasons:
- Serious health problems (for example, terminal illness)
- Changed circumstances after the judgment
- Humanitarian considerations
- Disproportionate impact of the sentence
Application process
A request for pardon must be submitted to the Minister of Justice and Security. The judge who imposed the sentence is asked for advice. Subsequently, the minister makes a decision, which is ratified by the King.
No automatic right
Pardon is not a right, but a favour granted by the Crown. Requests are only granted in very exceptional cases.
Pardon versus revision
Pardon leaves the conviction intact, but strikes or reduces the sentence. In the case of revision, the conviction itself is reviewed again, for example, in the event of new evidence of innocence.
Frequently asked questions about pardon
Who can submit a pardon request?
A pardon request can be submitted by the convicted person, their lawyer or immediate family members. This must be done in writing to the Minister of Justice and Security, with a clear explanation of the reasons and any supporting documents, such as medical reports.
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 urgent humanitarian reasons. A well-substantiated request can increase the chance, but there are no guarantees.
What distinguishes pardon from revision?
With pardon, the conviction remains in place, but the sentence is reduced or remitted. Revision concerns a new assessment of the conviction itself, often in the case of new evidence, and proceeds via the Supreme Court.
Can pardon be granted partially?
Yes, pardon can be full or partial. In partial pardon, part of the sentence is remitted, or the sentence is converted into a milder form, such as a community service order instead of imprisonment.
How long does the processing of a pardon request take?
The processing of a pardon request can take several months to more than a year, depending on the case and the workload. In cases of urgency, such as terminal illness, the process can be expedited.
Local information for Utrecht
For legal support in Utrecht, you can contact the Juridisch Loket Utrecht, located at Catharijnesingel 55. In addition, for court cases, you can go to the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1.