Freedom-Restricting Measures in Rotterdam
In Rotterdam, a freedom-restricting measure is a popular custodial substitute in criminal law. It limits the convicted person's freedom without imprisonment, ideal for this port city where reintegration is key. Examples include electronic monitoring or bans from locations such as Maasstad neighborhoods. They are imposed for less serious offenses to prevent recidivism and encourage return to work, as an alternative to short-term detention.
Legal Basis at the District Court of Rotterdam
These measures were introduced by the Act of 23 December 2004 and codified in Title IIIA of Book 1 of the Criminal Code (Sr), Articles 15c to 15i. The District Court of Rotterdam may impose them in place of a custodial sentence of up to two years (Art. 15c(1) Sr). The judge considers a pro justitia report, the suspect's background – often a Rotterdam resident from diverse neighborhoods – the offense, and risk of recidivism.
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). In Rotterdam practice, they are often combined with a probationary period (Art. 1b Sr).
Types of Freedom-Restricting Measures
The District Court of Rotterdam applies three main types:
- Electronic monitoring (ET) (Art. 15d Sr): An ankle bracelet checks if you are at home in your Rotterdam residence, with exceptions for work at the port or study.
- Location and contact bans (LCV) (Art. 15e Sr): Bans near victim locations such as in Rotterdam-South or contact with certain persons, an extension of the contact ban.
- Suspension of conditional enforcement of a fine (SVVIG) (Art. 15f Sr): Fine deferral with conditions such as reporting to probation or behavioral therapy through local services.
Conditions, Duration, and Enforcement
The District Court of Rotterdam imposes them for sentences up to two years where compliance is likely. The duration matches the sentence, up to two years maximum; ET at least 14 days. Rotterdam probation supervises (Art. 15g Sr) and reports violations.
Practice Example 1: Ankle Bracelet in Rotterdam
Suppose Mr. De Vries steals from a supermarket at Kralingse Plas. The prosecutor demands 4 months' imprisonment. The District Court of Rotterdam opts for 4 months' ET. He stays home in Charlois with the ankle bracelet and only goes to his port job. Upon compliance, it ends positively.
Practice Example 2: Location Ban in the Maasstad
Ms. Khalil receives an LCV after domestic violence (Art. 304 Sr) in Rotterdam-West. No access within 500 meters of her ex-partner. Violation leads to imprisonment, providing peace for victims in busy neighborhoods.
Rights and Obligations in Rotterdam
Rights of the Convicted Person
- Hearing and right of reply at the District Court of Rotterdam (Art. 15c(3) Sr).
- Legal assistance; a lawyer argues for substitution – consult the Rotterdam Legal Advice Office.
- Request for amendment in changed circumstances (Art. 15h Sr).
- Privacy protection for ankle bracelet data.
Obligations of the Convicted Person
- Strictly follow conditions, such as staying home during ET.
- Cooperate with Rotterdam probation.
- Report changes in address or employment, e.g., to the Municipality of Rotterdam.
- Violation: substitution lapses, original sentence follows (Art. 15i Sr).
Comparison with Other Penalties
| Aspect | Freedom-Restricting Measure | Imprisonment | Community Service |
|---|---|---|---|
| Purpose | Reintegration in Rotterdam, lower recidivism | Punishment, retribution | Restoration, work |
| Duration | Max. 2 years, adjustable | Fixed, min. 1 day | Max. 240 hours |
| Location | Restricted at home or neighborhood bans | Full detention | Free with tasks |
| Costs | Low for government | High | Average |
| Recidivism Effect | Effective with motivation | Moderate | Good |
Frequently Asked Questions in Rotterdam
Can a measure be converted to prison?
Yes, non-compliance causes substitution to lapse; Rotterdam probation advises the court (Art. 15i Sr).
Who pays for the ankle bracelet?
The state; you cooperate with installation via local probation.
Moving house during ET?
Notify Rotterdam probation for court amendment (Art. 15h Sr), check with the Municipality of Rotterdam.
Applicable to traffic offenses?
Yes, such as reckless driving in the port or joyriding in the city.
Tips for Rotterdammers
- Seek advice from Rotterdam Legal Advice Office: Free help for tailored pleas on measures. Call or visit the city branch.
- Follow probation: Therapy or courses via the Municipality of Rotterdam prove motivation.
- Document everything: Keep records of reports and compliance proof for the District Court of Rotterdam.