Pardon means that a sentence is remitted or reduced by the King. It is a rare measure that is only applied in exceptional situations, such as serious illness or new facts.
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 annulment of the sentence
- Sentence Reduction - Conversion to a less severe sentence
- Rehabilitation - Restoration of reputation after a final conviction
Reasons for Pardon
Pardon may be considered for the following reasons:
- Serious health problems, such as a terminal condition
- 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. The Minister prepares a proposal that is signed by the King.
No Automatic Right
Pardon is not a right, but a privilege granted by the Crown. Only a small number of requests are approved, and only in very exceptional cases.
Pardon versus Revision
Pardon leaves the conviction intact, but strikes or reduces the sentence. In revision, the case is re-examined, for example in case of proof of innocence, and the conviction may be overturned.
Frequently Asked Questions about Pardon
Who may apply for pardon and how does it work?
Pardon may be requested by the convicted person, their lawyer or immediate family. The request must be submitted in writing to the Minister of Justice and Security, with a clear explanation of the reasons, such as health problems or humanitarian circumstances. Supporting documents, such as medical reports, may be attached.
What are the chances of success with a pardon request?
The chance of pardon is small, because it is an exceptional favour. Annually, only a few requests are approved, often in cases of terminal illnesses or urgent humanitarian reasons. A well-substantiated request can increase the chance, but success is not guaranteed.
What distinguishes pardon from revision?
Pardon changes nothing about the conviction itself, but reduces or strikes the sentence. Revision means that the case is reviewed again, often with new evidence, and may lead to acquittal. Pardon is a royal decision, revision a judicial process via the Supreme Court.
Is partial pardon possible?
Yes, pardon may be granted partially. This may mean that part of the sentence is struck (remission) or that the sentence is converted into a lighter form (commutation), such as a community service order instead of imprisonment. The Minister determines what is appropriate.
How long does it take to process a pardon request?
The process can take several months to more than a year, depending on the complexity and the necessary advice from, for example, the judge. In urgent situations, such as a terminal illness, it can go faster. The decision is communicated in writing.
Relevant institutions in Leiden:
- District Court of The Hague, Leiden Location
- Legal Aid Office Leiden, Stationsweg 46