Remission Pardon: Sentence Remission
Remission pardon offers detainees in Utrecht a unique opportunity for sentence remission by the King, resulting in release or reduced detention. This royal favor requires a detailed application and rigorous review, ideal for exceptional circumstances such as serious illness or new evidence. For Utrecht residents, often sentenced by the District Court of Utrecht, it provides a ray of hope in harsh conditions.
What Does Remission Pardon Mean for Utrecht?
In Dutch criminal law, remission means full or partial remission of an imposed sentence. It forms part of pardon, a prerogative of the King on the advice of the Minister of Justice and Security. Unlike conditional release (c.r.), the sentence obligation is extinguished by remission. In the Utrecht region, with facilities near the city, it helps address injustice or severe hardship that cannot be resolved locally.
Full remission cancels the entire sentence; partial remission shortens it, for example from 8 to 4 years. This remedy is rarely used, only as a last resort.
Legal Basis of Remission Pardon
The foundation is the Pardon Act (Act of September 13, 1991, Bulletin of Acts and Decrees 1991, 552). Article 2 provides for:
- a. remission of sentence;
- b. release for the remainder;
- c. mitigation of sentence;
- d. conditional release.
The King decides on the recommendation of the Minister (Article 3). Article 71 of the Code of Criminal Procedure governs the procedure, with binding advice from the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) (Article 5). Article 119 of the Constitution safeguards this clemency.
Forms of Remission Compared to Other Pardons
Remission is divided into:
- Full remission: immediate release.
- Partial remission: sentence reduction.
Comparison:
| Form | Description | Conditions | Effect |
|---|---|---|---|
| Remission | Sentence remission | Exceptional circumstances | Sentence lapses |
| Release | Free for remainder | Good behavior, 2/3 sentence | Probation period |
| Mitigation | Sentence reduction | Injustice | Shorter sentence |
Procedure for Remission Application in Utrecht
Utrecht residents sentenced by the District Court of Utrecht can submit an application themselves, via a lawyer, or through family. Steps:
- Submit to the Minister via the facility director; Juridisch Loket Utrecht offers free assistance with motivation.
- Custodial Institutions Agency (DJI) gathers data on behavior.
- RSJ provides binding advice within 8 weeks.
- Minister recommends; King decides within months.
- No appeal possible (Article 9).
Key: emphasize medical issues, family ties, or innocence based on new evidence. The Municipality of Utrecht can support aftercare.
Examples Relevant to Utrecht
A Utrecht resident with a 10-year sentence for violence successfully pleads for remission after a terminal diagnosis, released to die with family. Or: DNA evidence proves innocence after a District Court of Utrecht ruling, leading to full remission.
In 2022, a detainee with cancer received remission following RSJ approval, common in cases of illness or injustice.
Rights and Obligations upon Remission
Rights:
- Full procedure (Article 4).
- Access to file.
- Advice via Juridisch Loket Utrecht.
Obligations:
- Full transparency.
- No abuse of procedure.
- Comply with conditions post-remission.
Read more about Pardon in Utrecht.
Frequently Asked Questions
Can every Utrecht resident apply for remission?
No, only in exceptional cases. RSJ checks if conditional release suffices.
How long does it take in Utrecht?
3-6 months; RSJ within 8 weeks.
Remission denied?
No appeal. New application possible after 1 year if circumstances change.