Suspended Sentence at Rotterdam District Court

Suspended Sentence in Rotterdam

A suspended sentence is a penalty imposed by the Rotterdam District Court, but whose execution is temporarily suspended. This applies under strict conditions during a probationary period. If you comply with the requirements, you do not have to serve the sentence. In Rotterdam, this is often used for minor offenses to prevent recidivism and give defendants a second chance, for example, for thefts in busy shopping centers like Alexandrium.

Legal Basis at Rotterdam District Court

The suspended sentence is provided for in the Criminal Code (Sr), articles 1a to 1f. Article 1a Sr allows the judge to impose a penalty on a conditional basis for a two-year probationary period. Exceptionally, this may be extended by one year to three years (article 1b(2) Sr). Special conditions may include a reporting obligation to the Rotterdam probation service, a ban on alcohol or drugs, or a no-contact order with victims (article 1b Sr). For TBS-like measures, article 14a Sr applies. These rules fit into a more lenient sentencing approach for offenders who can be rehabilitated, aligning with Rotterdam's reintegration strategy.

Application in Rotterdam Practice

The Rotterdam District Court decides on suspended sentences in its judgment, particularly for first-time offenses such as theft in the city, traffic violations around the Maas, or domestic violence without serious injury. The judge considers your background, risk of reoffending, and local circumstances, such as employment in the port.

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

Example 2: After an assault in a Rotterdam neighborhood like Charlois, a 2-month suspended prison sentence with an alcohol ban and reporting obligation. If you stay sober and report as required, the sentence lapses.

Probationary Period and Conditions in Rotterdam

The probationary period starts after the Rotterdam District Court's judgment. You must comply with general and special conditions:

• General conditions: No new criminal offenses (article 1a(2) Sr).
• Special conditions: Exclusion zone (e.g., Kralingse Plas), electronic monitoring, or therapy (article 1b Sr).

The Rotterdam probation service monitors compliance and provides advice. The public prosecutor may terminate the probationary period early for good behavior (article 1d Sr). Contact the Rotterdam Legal Aid Office for guidance.

Comparison: Suspended vs. Unconditional

Revocation: Consequences of Breach

If you breach the conditions, the Rotterdam District Court may revoke the sentence in whole or in part (article 1c Sr). The public prosecutor initiates proceedings. Reasons include:

1. New offense during probationary period, such as a traffic violation on the A20.
2. Breach of special conditions.
3. Violation of general rules.

Example: A new offense in the Rotterdam port during the probationary period leads to execution of the sentence, minus time already served. You get a hearing with the opportunity to be heard; engage a Rotterdam lawyer.

Rights and Obligations in Rotterdam

Rights:

• Assistance from a lawyer at Rotterdam District Court.
• Access to your file during probation supervision.
• Request for early termination of probationary period (article 1d Sr).

Obligations:

• Report to Rotterdam probation service.
• Comply with conditions.
• No new offenses, including under Rotterdam Municipality rules.

For free advice: Rotterdam Legal Aid Office.

Frequently Asked Questions