Conditional Sentence in Delft

Conditional Sentence in Delft

For residents of Delft, a conditional sentence can be a solution: the District Court of The Hague imposes a sentence but suspends its execution for a probationary period. If you comply with the conditions, you never have to serve time. This is often used for minor offenses in Delft, such as petty theft or traffic violations, to prevent recidivism and offer a second chance. Contact the Juridisch Loket Delft for free advice if you have questions.

Legal Basis for Delft Residents

The rules are set out in the Criminal Code (Sr), articles 1a to 1f. Article 1a Sr allows the District Court of The Hague to impose a conditional sentence for a two-year probationary period, which can be extended to three years (article 1b(2) Sr). Additional requirements such as reporting to probation services, a ban on alcohol or drugs, or no contact with victims are possible (article 1b Sr). For TBS-like measures, article 14a Sr applies. This provides Delft residents with a milder approach when improvement is feasible, without unnecessary prison terms.

Conditional Sentence in Delft Practice

The judge at the District Court of The Hague (venue for Delft cases) decides during the hearing. This is suitable for first offenses, such as shoplifting in Delft city center, traffic fines with criminal consequences near TU Delft, or minor domestic disputes. The court considers your history, risk of reoffending, and local circumstances, such as employment in the municipality of Delft.

Example 1: For shoplifting in Delft, you receive a 4-week suspended prison sentence, with a two-year probationary period and a theft prevention course through probation services. If you complete it, you stay free.

Example 2: After an assault in the city center: 2 months suspended, with an alcohol ban and weekly reporting. If you comply, the sentence lapses.

Probationary Period and Conditions for Delft Residents

The probationary period starts after the ruling. You must comply with:

• General conditions: No new criminal offenses (article 1a(2) Sr).
• Specific conditions: Location ban (e.g., around Delft Market Square), electronic monitoring, or therapy (article 1b Sr).

Probation services monitor compliance; the prosecutor can end the probation early for good behavior (article 1d Sr). In case of issues in Delft: call the Juridisch Loket Delft.

Comparison: Conditional vs. Unconditional

Revocation: Consequences of Breach

If you breach the conditions, the District Court of The Hague can revoke the sentence (article 1c Sr) at the prosecutor's request. Reasons:

1. New offense during probationary period.
2. Breach of specific conditions.
3. Breach of general conditions.

Example: A new traffic violation in Delft during probation? The full sentence may follow, minus time served. You get a hearing with a lawyer; the Juridisch Loket Delft assists with preparation.

Rights and Obligations in Delft

Rights:

• Lawyer during proceedings (via Municipality of Delft or Juridisch Loket).
• Access to probation file.
• Request early end to probationary period (article 1d Sr).

Obligations:

• Report to probation services.
• Comply with conditions.
• No new offenses.

FAQs for Delft