Freedom-Restricting Measure in Delft

Freedom-Restricting Measure in Delft

In Delft and surrounding areas, a freedom-restricting measure is a popular custodial alternative within Dutch criminal law. It limits the convicted person's freedom of movement without imprisonment, such as through an ankle bracelet, location bans, or contact restrictions. The District Court of The Hague, responsible for Delft, imposes these for less serious offenses to prevent recidivism and support societal reintegration, as an alternative to short-term detention.

Legal Basis

These freedom-restricting measures have been included in Title IIIA of Book 1 of the Dutch Criminal Code (DCC), articles 15c to 15i, since the Act of 23 December 2004. They replace penalties of up to a maximum of two years (art. 15c(1) DCC). Judges of the District Court of The Hague decide based on a pro justitia report, considering the offender, the offense, and recidivism risk in the Delft context.

They fit into the system of conditional sentences (art. 1a et seq. DCC) and differ from traditional penalties such as imprisonment (art. 10 DCC) or detention (art. 11 DCC), as they serve as substitutes. Often combined with a probationary period (art. 1b DCC).

Types of Freedom-Restricting Measures

Three primary variants also apply in Delft:

• Electronic Monitoring (EM) (art. 15d DCC): An ankle bracelet monitors the home situation. Leaving home permitted only for work, study, or care.
• Location and Contact Bans (LCB) (art. 15e DCC): Bans near specific locations, such as a victim's home in Delft, or contact with involved parties. Includes an extended contact ban.
• Suspension of Conditional Collection of a Fine (SCCF) (art. 15f DCC): Fine deferral subject to conditions such as reporting duties or behavioral therapy.

Conditions for Imposition and Duration

The District Court of The Hague imposes a freedom-restricting measure for penalties up to two years, provided there is a realistic prospect of compliance. Maximum duration matches the penalty, up to two years; EM has a minimum of 14 days. The probation service in the Delft region supervises (art. 15g DCC) and reports any breaches.

Practice Example 1: Electronic Monitoring in Delft

A resident steals goods from a supermarket on the Markt in Delft (art. 310 DCC). The prosecutor demands 4 months' imprisonment; the judge selects EM. The person remains at home with an ankle bracelet and leaves only for work. Upon full compliance, it concludes successfully.

Practice Example 2: Location Ban

Following domestic violence in a Delft neighborhood (art. 304 DCC), the offender receives an LCB: no access within 500 meters of the victim's address. Breach leads to imprisonment; this provides calm and prevents escalation.

Rights and Obligations

Rights of the Convicted Person

• Right to be heard before imposition (art. 15c(3) DCC).
• Legal assistance via the Legal Aid Office Delft or an attorney to argue for alternatives.
• Request for adjustment in case of changed circumstances (art. 15h DCC).
• Privacy protection for monitoring data.

Obligations of the Convicted Person

1. Strictly comply with conditions, such as remaining at home during EM.
2. Cooperate with local probation service.
3. Report changes in address or employment, including moves within Delft.
4. Breach results in reversion to the original penalty (art. 15i DCC).

Comparison with Other Penalties

Frequently Asked Questions

Tips and Recommendations for Delft Residents

• Seek local advice: The Legal Aid Office Delft offers free initial consultations to plead for freedom-restricting measures. Contact them directly.
• Follow probation guidance: Participate in therapy or courses through Municipality of Delft programs.
• Document everything for your file and compliance records.