Remission Pardon in Den Haag: Sentence Remission
Remission pardon offers prisoners in Den Haag hope for sentence reduction through royal clemency. The King may remit (part of) the sentence, leading to earlier release. This is not a standard right, but an exceptional favor following a request and thorough review. For residents of Den Haag, often sentenced by the Rechtbank Den Haag, it is essential to demonstrate exceptional circumstances, such as health issues or new evidence.
What Does Remission Pardon Entail in Den Haag?
In Dutch criminal law, remission means full or partial remission of a sentence. It falls under pardon, a royal prerogative on the advice of the Minister of Justice and Security. Unlike conditional release (v.i.), the sentence is erased without remaining conditions. In Den Haag, where the Rechtbank Den Haag handles many cases, remission is rarely granted and only in compelling situations, such as injustice or severe human suffering.
Full remission cancels the entire sentence; partial remission shortens it, for example from 10 to 6 years. It serves as a last resort for inmates in Den Haag facilities.
Legal Basis for Remission Pardon
Remission pardon is governed by the Pardon Act (Act of 13 September 1991, Bulletin of Acts and Decrees 1991, 552). Article 2 lists the forms:
- a. remission of sentence;
- b. release for the remainder;
- c. mitigation of sentence;
- d. conditional release.
The King decides on the recommendation of the minister (Article 3). Article 71 of the Code of Criminal Procedure (Sv) covers the preparatory process, while the Review Committee for the Administration of Criminal Justice and Juvenile Protection (RSJ) provides binding advice (Article 5). Constitution Article 119 underscores this royal exception. Prisoners in Den Haag can seek free advice from the Juridisch Loket Den Haag.
Forms of Remission Versus Other Pardons in Den Haag
Remission is divided into:
- Full remission: immediate release.
- Partial remission: sentence reduction.
Comparison:
| Form | Description | Conditions | Effect |
|---|---|---|---|
| Remission | Remit sentence | Compelling circumstances | Sentence lapses |
| Release | Free for remainder | Good behavior, 2/3 sentence | Probation period |
| Mitigation | Reduce sentence | Injustice, rare | Shorter sentence |
Procedure for Requesting Remission Pardon from Den Haag
Convicted persons from Den Haag, their lawyers, or family may submit a request. Steps:
- Submit a substantiated request to the minister via the facility director.
- Dienst Justitiële Inrichtingen (DJI) gathers data on behavior.
- RSJ provides binding advice within 8 weeks.
- Minister recommends to the King; decision follows promptly.
- No appeal possible (Article 9 Pardon Act).
Substantiate with medical issues, family ties, or proof of innocence. Contact Juridisch Loket Den Haag (Laan van Wateringsveld 62) for help drafting.
Examples of Remission Pardon in Den Haag Context
A Den Haag resident, sentenced by Rechtbank Den Haag to 12 years for manslaughter, receives partial remission after 8 years due to terminal illness to allow a dignified death. Or a woman from Den Haag whose innocence is proven by DNA receives full remission. In 2022, remission aided a cancer patient following RSJ approval – often in end-stage cases or judicial errors.
Rights and Obligations in Case of Remission in Den Haag
Rights:
- Full procedure (Article 4 Pardon Act).
- Access to file.
- Lawyer via Juridisch Loket Den Haag.
Obligations:
- Full transparency.
- No abuse of process.
- Comply with conditions post-remission.
Read more about pardon in Den Haag.
Frequently Asked Questions on Remission Pardon Den Haag
Can I apply for remission for any Den Haag sentence?
No, only in exceptional cases. RSJ checks if conditional release suffices; light sentences from Rechtbank Den Haag rarely qualify.
How long does a remission procedure take?
Usually 3-6 months; RSJ within 8 weeks.
What if remission is denied?
No appeal. New request possible after 1 year, with support from Gemeente Den Haag or Juridisch Loket for follow-up.