Remission Pardon: Sentence Remission for Rotterdam Residents
Remission pardon offers detainees in Rotterdam hope for sentence remission granted by the King. This can mean full release or reduced detention time. It is not a standard entitlement, but an exceptional mercy granted after a request and thorough review, often in cases of severe hardship in the region, such as at PI Rotterdam.
What Does Remission Pardon Mean for Rotterdam?
In Dutch criminal law, remission refers to the discharge of (part of) a sentence. It forms part of pardon, a royal prerogative exercised on the advice of the Minister of Justice and Security. Unlike conditional release (v.i.), the sentence is fully extinguished. For residents of Rotterdam convicted by the Rotterdam District Court, it serves as a last resort in cases of injustice or extreme suffering.
Remission can be full (entire sentence waived) or partial (e.g., reducing a 10-year sentence to 6 years). It is rarely granted, typically in unique circumstances in this port city.
Legal Basis for Remission Pardon
The foundation is the Pardon Act (Act of 13 September 1991, Bulletin of Acts and Decrees 1991, 552). Article 2 provides for:
- 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 governs the procedure, with binding advice from the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) (Article 5). Article 119 of the Constitution safeguards this clemency.
Types of Remission Versus Other Forms of Pardon in Rotterdam
Remission is divided into:
- Full remission: immediate release.
- Partial remission: sentence reduction.
Comparison:
| Form | Description | Conditions | Effect |
|---|---|---|---|
| Remission | Waive sentence | Exceptional hardship | Sentence ends |
| Release | Remainder free | Good behavior, 2/3 served | Probation period |
| Mitigation | Reduce sentence | Rare injustice | Shorter sentence |
Steps for a Remission Request from Rotterdam
Convicted individuals from Rotterdam, their lawyers, or family can apply. Contact the Rotterdam Legal Aid Office for free assistance in preparing the request. Procedure:
- Submit motivated request to the Minister via the location manager at PI Rotterdam.
- DJI reviews behavior and circumstances, including local factors.
- RSJ provides binding advice within 8 weeks.
- Minister recommends; King decides within months.
- No appeal possible (Article 9).
Emphasize medical issues, family ties in Rotterdam, or new evidence.
Remission Examples from Rotterdam Practice
A resident from Rotterdam South is serving 10 years for robbery. Due to terminal illness, he receives remission to die at home. Or: DNA evidence proves innocence after a Rotterdam District Court verdict – full sentence remission.
In 2022: remission granted to a cancer patient following RSJ approval. Often applied in cases of illness or injustice in the region.
Rights and Obligations in Case of Remission
Rights:
- Full procedure (Article 4).
- Access to case file.
- Assistance via Rotterdam Legal Aid Office.
Obligations:
- Provide complete information.
- No abuse.
- Comply with conditions post-remission.
Read more about pardon.
Frequently Asked Questions for Rotterdam Residents
Can I apply for remission for any sentence?
No, only in exceptional cases. RSJ checks if conditional release suffices; minor sentences from Rotterdam District Court rarely qualify.
How long does it take?
3-6 months; RSJ within 8 weeks.
What if it's rejected?
No appeal. New request possible after 1 year, with Municipality of Rotterdam support for aftercare.