In the case of a conditional sentence, the convicted person does not have to serve the imposed sentence immediately, as long as he or she complies with the imposed conditions during a certain probationary period. If these conditions are violated, the sentence may still be executed.
What does a conditional sentence entail?
A conditional sentence, as laid down in article 14a of the Criminal Code, means that a sentence such as imprisonment, a fine or community service is not executed immediately, provided the convicted person complies with the imposed rules.
Standard condition
The most important condition is that the convicted person may not commit any new criminal offences during the probationary period. If this is violated, the conditional sentence may still be imposed.
Specific conditions
The judge may impose additional, specific 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 use
Duration of the probationary period
The probationary period varies from a minimum of 1 year to a maximum of 3 years. In cases of serious crimes, this period may be extended to 10 years.
Partially conditional sentence
A sentence may also be partially conditional. For example: a prison sentence of 6 months, of which 3 months are conditional. In that case, the convicted person serves 3 months, while the remaining 3 months depend on his or her behaviour.
Execution upon violation
If the conditions are violated, the Public Prosecution Service (OM) may request that the sentence be executed nevertheless. The judge then determines whether the sentence is executed in full or in part.
Frequently asked questions about conditional sentences in Utrecht
What if I do not comply with the conditions of my conditional sentence?
If you violate the conditions, the OM may file a request to execute the sentence nevertheless. The judge decides on this and may determine that you must serve the sentence, or part of it. In the event of a possible violation, contact a legal advisor immediately.
What is the duration of a probationary period for a conditional sentence?
The probationary period normally lasts between 1 and 3 years. In the case of serious offences, this may amount to 10 years. During this time, you must strictly comply with the conditions.
Can I refuse a conditional sentence?
No, a conditional sentence is a binding decision of the judge. If you disagree with the judgment, you can lodge an appeal. Legal assistance is recommended in this regard.
What are examples of specific conditions?
Specific conditions may include, among others: reporting obligation to the probation service, a contact ban with the victim, a location restriction, mandatory therapy at mental health care or addiction care, payment of compensation to the victim, or an alcohol ban.
What is the difference between a fully and partially conditional sentence?
In the case of a fully conditional sentence, you do not have to serve the sentence as long as you comply with the rules. In the case of a partially conditional sentence, you must serve part of it immediately, while the other part depends on your behaviour during the probationary period.
Relevant locations in Utrecht:
- Rechtbank Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht