Freedom-Restricting Measure in Den Haag
In Den Haag, a freedom-restricting measure is a popular custodial substitute sanction under Dutch criminal law. It limits the convicted person's freedom of movement without requiring cell detention. Examples include electronic monitoring with an ankle bracelet, location or contact bans. The Den Haag District Court imposes them for less serious offenses to prevent recidivism and support reintegration into Den Haag society, as an alternative to short prison terms.
Legal Basis in Den Haag
Freedom-restricting measures have been codified in Title IIIA of Book 1 of the Criminal Code (Sr), articles 15c to 15i, since the Act of 23 December 2004. They may replace custodial sentences of up to two years (art. 15c(1) Sr). Judges at the Den Haag District Court decide based on a pre-sentence report, considering the offender, the offense, and recidivism risk in the region.
They fit within the system of conditional sentences (art. 1a et seq. Sr) and differ from traditional penalties such as imprisonment (art. 10 Sr) or detention (art. 11 Sr). They are often combined with a probationary period (art. 1b Sr) to improve compliance in Den Haag.
Types of Freedom-Restricting Measures
Three primary variants apply in Den Haag cases:
- Electronic monitoring (ET) (art. 15d Sr): An ankle bracelet monitors home confinement. Leaving the home is permitted only for work, study, or care in Den Haag.
- Location and contact bans (LCV) (art. 15e Sr): Bans from specific locations, such as a victim's home in the Schilderswijk, or contact with involved parties. See more on contact bans as a penalty.
- Suspension of conditional enforcement of a fine (SVVIG) (art. 15f Sr): Fine deferral with reporting requirements or behavioral therapy through local agencies.
Conditions, Duration, and Enforcement
The Den Haag District Court imposes a freedom-restricting measure for sentences of up to two years, where compliance is realistically feasible. Maximum duration: equal to the sentence, up to two years; ET minimum 14 days. The Haaglanden Probation Service enforces it (art. 15g Sr), monitors compliance, and advises on modifications for violations.
Case Example 1: Ankle Bracelet in Den Haag
A resident steals goods from a supermarket on Grote Marktstraat (art. 310 Sr). The prosecutor demands four months' imprisonment; the Den Haag District Court opts for ET. He stays home with an ankle bracelet, leaving only for work in the Binckhorst. After successful completion, it ends without issues.
Case Example 2: Location Ban
Following domestic violence (art. 304 Sr) in a Den Haag apartment, the offender receives an LCV: no entry within 500 meters of the victim's address in Transvaal. Violation leads to imprisonment; this provides calm and prevents escalation.
Rights and Obligations
Rights in Den Haag Proceedings
- Right to be heard before imposition (art. 15c(3) Sr).
- Access to legal aid; counsel argues for substitution at the Den Haag District Court.
- Request for modification in changed circumstances (art. 15h Sr).
- Privacy protection for ankle bracelet data.
Obligations
- Strict compliance, such as remaining home during ET.
- Cooperation with the Haaglanden Probation Service.
- Report changes in address or employment, including to the Municipality of Den Haag.
- Upon violation: reversion to the original sentence (art. 15i Sr).
Comparison with Other Sanctions
| Aspect | Freedom-Restricting Measure | Imprisonment | Community Service |
|---|---|---|---|
| Purpose | Reintegration in Den Haag, reduced recidivism | Punishment, retribution | Restoration through work |
| Duration | Max. 2 years, adjustable | Fixed, from 1 day | Max. 240 hours |
| Location | Limited to home or local area | Full incarceration | Free with duties |
| Costs | Low for government | High due to detention | Moderate |
| Recidivism Effect | Effective with motivation | Average | Positive |
Frequently Asked Questions Den Haag
Can ET be converted to imprisonment?
Yes, non-compliance revokes the measure; the original sentence follows (art. 15i Sr). The Haaglanden Probation Service reports to the Den Haag District Court.
Who pays for the ankle bracelet?
The government; no cost to you, but cooperate with installation.
Moving during ET?
Report immediately to Probation Service; request modification via the court (art. 15h Sr).
Applicable to traffic offenses?
Yes, such as reckless driving in Den Haag neighborhoods, for short sentences.
Tips for Den Haag
- Seek advice from Juridisch Loket Den Haag: Free assistance for arguing sentence substitution. Or contact a local criminal lawyer.
- Follow probation: Therapy or courses via the Municipality of Den Haag.
- Document everything to prove compliance.