NCJ Number
79289
Journal
PROCES Volume: 58 Issue: 3 Dated: (1979) Pages: 72-77
Date Published
1979
Length
6 pages
Annotation
The legal foundations and procedures for granting pardons in the Netherlands are described.
Abstract
The ruler has the right to grant pardons from criminal sentences imposed by judges. This right is based on provisions of the constitution, on an Order of Council of June 30, 1976, and on articles of the Code of Criminal Procedure. Pardons can be granted only for penalties but not for special measures. Pardon may entail cancellation, alteration, or reduction of penalties. Cancellation or alteration may involve general and special provisions, e.g., a trial period without penalties or participation in a probation or rehabilitation program and fines. The probationary period should not exceed 5 years. Penalty changes are most common for life sentences to make parole possible; fines may also replace detention. Any person sentenced by a Dutch judge may submit a petition for pardon to the Queen. The petition must be presented to a judge before being sent to the Queen, and the judge's views are very important. The judge must weigh new facts or circumstances which have arisen since the individual's sentencing, e.g., changes in his or her financial situation or special rehabilitation needs. The judge's recommendations also contain reports from the prosecutor's office and from the local police. The petitions are then sent to the Queen for a decision. If the decision is favorable, the Minister of Justice is charged with carrying out the decision. Copies of unconditional pardons are sent to the pardoned individual, while the terms of conditional pardons must be stated to the pardoned individual in person. When pardons are granted for sentences of military courts, the decision is carried out by the Minister of Defense. In many cases, the submission of a petition for pardon postpones the execution of sentences. The concepts of amnesty and abolition are not covered by these legal provisions because they are broader than pardon in their application to groups of people and types of offenses.