A conditional sentence means that the convicted person does not have to serve the imposed sentence, as long as he complies with the imposed conditions during a certain probationary period. If these conditions are violated, the sentence may still be executed.
Meaning of a Conditional Sentence
According to Article 14a of the Criminal Code, a conditional sentence means that the conviction (such as imprisonment, fine or community service) is not executed, provided the convicted person complies with specific rules.
Standard Condition
The most important standard condition is that the convicted person may not commit any new criminal offences during the probationary period. If this does occur, 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 therapy at GGZ or addiction clinic
- Payment of compensation to the victim
- Prohibition on alcohol use
Duration of the Probationary Period
The probationary period usually lasts between 1 and 3 years. In case of serious offences, this may extend to a maximum of 10 years.
Partially Conditional Sentence
Sometimes a sentence is 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 behaviour during the probationary period.
Execution in Case of Violation
If the conditions are violated, the Public Prosecution Service (OM) may request that the sentence be executed after all. The judge ultimately decides whether this happens fully or partially.
Frequently Asked Questions about Conditional Sentences in Leiden
What if I do not comply with the conditions of my sentence?
If you violate the conditions, the OM may request that the sentence be imposed after all. A judge will decide on this. This may lead to serving the full sentence or part of it. Contact a lawyer in Leiden immediately if you think you have violated a condition.
How long does a probationary period normally last?
The probationary period varies between 1 and 3 years, but in case of serious crimes it may extend to 10 years. During this time, you must comply with all conditions to prevent the sentence from being executed.
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 appeal to the court of appeal. Legal assistance in Leiden, for example via the Juridisch Loket, can be useful in this regard.
What are examples of specific conditions?
Specific conditions may include: reporting obligation to the probation service, prohibition on contact with the victim, location restrictions, mandatory treatment at a care institution, payment of compensation, or an alcohol ban. These are tailored to the offence.
What is the difference between fully and partially conditional?
With a fully conditional sentence, you do not have to serve anything as long as you comply with the rules. With a partial sentence, you serve part immediately, while the other part depends on your behaviour. For example: 5 months sentence, of which 2 are conditional.
May I travel abroad during the probationary period?
This depends on the conditions. If there is a location obligation or prohibition, travelling may be in violation of the rules. Always consult your probation officer or lawyer in Leiden before making plans.
Relevant Institutions in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Assistance: Juridisch Loket Leiden, Stationsweg 46