Prison sentence constitutes the heaviest sanction within Dutch criminal law. The duration varies from a few days to life imprisonment, depending on the severity of the offence and individual factors, as determined by the judge.
Definition of prison sentence
Prison sentence means deprivation of liberty in a penitentiary institution. This sentence is imposed exclusively for felonies and is the most intrusive form of criminal sanction.
Key characteristics
| Characteristic | Details |
|---|---|
| Type of offence | Exclusively felonies |
| Shortest duration | 1 day |
| Longest temporary sentence | 30 years |
| Life sentence | Possible for serious offences such as murder or terrorism |
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 offence and personal circumstances.
Examples of maximum sentences
| Offence | Maximum sentence |
|---|---|
| Simple theft | 4 years |
| Serious assault | 8 years |
| Manslaughter | 15 years |
| Murder | Life or 30 years |
Conditional release (VI)
For sentences longer than one year, the convicted person may be released on parole after serving two-thirds of the sentence.
Conditions for VI
- Automatic release after 2/3 of the sentence
- General condition: no new criminal offences
- Possible additional conditions
- Probation period: equal to the remaining sentence duration plus any additional time
- Deferral or revocation of VI possible in case of violation
Life sentence in the Netherlands
In the Netherlands, life imprisonment means in principle a sentence for life, but since 2017 there is the possibility of re-assessment.
Re-assessment process
- Re-assessment after 25 years of detention
- Assessment of risk of recidivism and resocialisation
- Possible conversion to a temporary sentence
- Based on rulings of the European Court of Human Rights (ECHR)
Execution of detention
The sentence is executed in a penitentiary institution (PI), where different regimes apply.
Types of regimes
- House of Detention: for persons in pre-trial detention
- Prison: for definitively convicted persons
- Limited security institution: with more freedoms
- Very limited security: preparation for return to society
Deduction of pre-trial detention
The time spent in pre-trial detention is deducted from the final sentence (in accordance with article 27 of the Criminal Code).
Possibilities for leave and interruption
During the detention period, a convicted person may apply for leave or sentence interruption.
Types of leave
- Regular leave (after part of the sentence)
- Incidental leave (in exceptional situations)
- Sentence interruption (maximum three months)
Frequently asked questions about prison sentences
What if I am suspected of an offence?
You have the right to legal assistance, the right to remain silent, and the police must explain your rights. A suspicion does not mean you are guilty.
How long can I be held in pre-trial detention?
Without trial maximum 10 days, after that a judge must extend the pre-trial detention. It may not last indefinitely.
What distinguishes a felony from a misdemeanour?
Felonies are more serious and can lead to a prison sentence, while misdemeanours are often settled with a fine.
Do I always have the right to a lawyer?
Yes, legal assistance is a right. If you cannot afford it, free assistance can be provided.
Can I appeal a judgment?
Yes, you have the opportunity to appeal to the court of appeal.
Local information for Leiden
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46