In Leiden, the court may impose a contact ban as part of a penalty. This means that the convicted person may not seek contact with the victim. Violation thereof is punishable.
What does a contact ban entail?
A contact ban prohibits the convicted person from contacting a specific person, often the victim. This may be accompanied by a location ban, such as a street ban.
Types of contact bans
- Liberty-restricting measure (article 38v Criminal Code) - A standalone penalty.
- Special condition - Linked to a conditional sentence or suspension of pretrial detention.
- Condition with TBS - During trial leave or conditional termination of TBS.
What falls under the ban?
The contact ban may include various restrictions:
- Prohibition on telephone contact, sending messages or emailing.
- Prohibition on sending letters or gifts.
- Prohibition on coming near the victim's home or workplace.
- Prohibition on indirect contact via others.
How long does a contact ban last?
As a standalone measure (article 38v Criminal Code), a contact ban may last a maximum of 5 years. As a condition with a conditional sentence, it applies during the probationary period, often 2 to 3 years.
Supervision of compliance
The probation service in Leiden monitors compliance with the contact ban. In addition, electronic supervision, such as an ankle bracelet with GPS, may be used to monitor whether the convicted person adheres to the rules.
Consequences of violation
Non-compliance with a contact ban has consequences:
- As a standalone measure: up to 4 years' imprisonment (article 184a Criminal Code).
- As a condition: conversion of a conditional sentence to an unconditional sentence.
Frequently asked questions about contact bans in Leiden
What to do in case of violation of a contact ban?
Contact the police immediately (112 in case of danger) and file a report. Preserve evidence such as messages or witness statements. The probation service or the Public Prosecution Service may take further steps, such as prosecution or conversion of a conditional sentence.
Does a contact ban also apply to online contact?
Yes, a contact ban may cover social media, emails, and other digital communication. Indirect contact via third parties may also be prohibited. If in doubt, you can contact a lawyer or the probation service.
Can a contact ban be extended?
Yes, as a standalone measure it may last up to 5 years, and with a conditional sentence it applies during the probationary period. Extension is possible if the court finds that danger still exists. Victims may request extension via the Public Prosecution Service.
What distinguishes a contact ban from a street ban?
A contact ban prohibits all forms of contact with the victim, whereas a street ban specifically prohibits entering certain areas, such as the victim's residential area. These measures are often combined.
Can I as a victim influence the conditions of a contact ban?
Yes, victims may request adjustments or extension of the contact ban via a lawyer or the Public Prosecution Service. During the trial, you can express your wishes, but the court decides ultimately.
Relevant authorities in Leiden
For legal assistance, you can go to the Juridisch Loket Leiden (Stationsweg 46). Cases are handled at the District Court of The Hague, Leiden location.