A judge can make various decisions in a criminal case. What basic rule for sentencing is the judge bound by? What is the difference between criminal law and criminal law? What are main penalties or additional penalties and measures? What is an alternative punishment or community service? What is the difference between conditional or unconditional punishment? You will find answers to these questions in this article about criminal cases, measures and penalties that the criminal court can award.
Criminal cases Criminal law Penalties
Basic rule for sentencing . The first basic rule that the judge must adhere to when sentencing is that no one can be punished more than once for the same offense.
Criminal law and criminal law
Offender criminal law . The Netherlands has so-called criminal criminal law. This means that when imposing a sentence, the judge not only takes the person (and circumstances) of the suspect into account in his judgment, but that he must also determine that this perpetrator is punishable for the specific offense. If both the perpetrator and the offense are punishable, the judge must impose a sentence. The judge is not authorized to grant a pardon to the suspect who has now become the perpetrator if the offense is punishable. Only the circumstances may be reflected in the penalty. The judge must judge on this basis and may not include additional criminal offenses that have not been charged by the public prosecutor in his judgment.
Offense criminal law – Offense criminal law . In short, the difference between criminal law and criminal law is the following. In criminal law, the punishment is determined per crime (and not per act, as in criminal law). There is a maximum penalty for a specific crime. If punishment is imposed per crime (offender criminal law), the goals of retribution, prevention and resocialization can be better achieved, as the exact severity of the punishment should be determined depending on the case. In one case more or less may be needed than in another to achieve the set goals.
Various Penalties Criminal Judge
A judge can make different decisions in a criminal case. If it is not legally and convincingly proven that the suspect committed the offense charged, the suspect will be acquitted. If the charged offense has been proven, but is not punishable, or if the suspect is not punishable, for example because of acting in self-defense or because he is incompetent, the suspect will be released from prosecution. If the judge believes that someone is guilty and should be punished for that, he can impose different types of sentences.
After the judge has determined that the offense is punishable, and that the perpetrator is also punishable because he cannot rely on force majeure or emergency defense, the sentence will be determined. Only in cases where either the offense or the perpetrator is not punishable, or if the evidence is insufficient or missing, will an acquittal follow.
Punishment . Depending on the nature of the offense and the person of the perpetrator, the judge may (if the law permits) impose the following penalties:
- Main penalties – Prison or fine (with alternative detention)
- Additional penalties – Denial of certain rights, confiscation of seized property, placement in a government work facility and publication of the court decision
- Measures – Placement in a psychiatric institution, placement at the disposal of the government (TBR, TBS, which in fact also means admission to a more or less closed institution), withdrawal from circulation (of goods such as cars, illegal trade, etc.) and deprivation of unlawfully obtained advantage (such as with the tax evader).
The judge may only impose one main penalty. Only in the case of a conditional prison sentence may the judge also impose a fine. On the other hand, the judge is free to impose an additional penalty without the main penalty. An offender can be convicted without further punishment being imposed, so that he or she may still receive a pardon.
Conditional Unconditional calibre. The law specifies the maximum penalty a judge can impose for each criminal offense. Furthermore, a judge can impose unconditional or conditional sentences. Unconditional means that someone must receive their punishment immediately. Conditional means that the sentence is postponed for a while. The perpetrator must then adhere to certain agreements during a probationary period. If he does not do this, the sentence will still be executed. If the agreements are complied with, the punishment will be cancelled.
Alternative Punishment – Community service
Community service . In addition to the above-mentioned punishments, there are also alternative punishments, usually called community service orders. A community service means that an offender must do unpaid work for a period of time. This means that the convicted perpetrator, instead of a prison sentence or fine, works in a place where an unpaid worker may be necessary or useful. Not only in institutions such as hospitals, nursing homes, rehabilitation centers, etc., but also in those institutions that bring the suspect’s vision of society (values/norms) more in line with reality, such as community centers and shelters.
Conditions of community service. A condition for an alternative punishment is that the suspect has acknowledged guilt for the criminal offense. It must be 100% certain that this particular suspect committed the criminal offense and that community service may be useful in this case. Another condition is that the offense carries an irrevocable prison sentence.
Anyone who wants to qualify for an alternative punishment will have to have already admitted guilt at an earlier stage of the criminal investigation. In this way, a proposal for services can be drawn up in good time before the hearing and in consultation with the public prosecutor (see Judicial Preliminary Investigation) and can then be submitted to the judge at the hearing. The judge then has to concern himself less with the question of guilt and can consider how many hours of service instead of punishment are reasonable.
Number of hours of community service. The number of hours is usually between 50 and 200 hours. It is clear that this alternative punishment is only useful and is used for less serious crimes, which are followed by a proportionate (short) prison sentence.
The suspect himself will have to cooperate at an early stage to find a suitable project, whether or not together with assistance institutions such as the probation service. If the judge finds the proposed project reasonable , the number of hours to be worked will be determined at the hearing and the hearing will then be adjourned until a date after the end of the service (community service).
Later session . The judge’s decision will follow at the later hearing, depending on the report on the services provided. If this has gone well, the suspect will be convicted and the judge will impose the statutory sentence. In essence, this is actually pro forma, as this sentence will not be carried out because it has already been satisfied by the service performed by the suspect.
read more
- Criminal Law & Police 3 – Interrogation Report
- Criminal Law & Judicial Preliminary Investigation
- The Public Prosecution Service
- Criminal Judge & Trial
- Appeal & Compensation