Remission Pardon: Sentence Remission in Amsterdam
Remission pardon offers prisoners in Amsterdam hope of sentence remission granted by the King. This can result in release or a reduced prison term. It is not a standard entitlement but a rare act of clemency following a petition and rigorous review. For Amsterdammers held in PI Amsterdam or nearby facilities, it is relevant in exceptional circumstances, such as severe family hardship in the city.
What Does Remission Pardon Mean for Prisoners from Amsterdam?
In Dutch criminal law, remission means full or partial discharge of a sentence. It falls under pardon, a royal prerogative exercised by the King on the advice of the Minister of Justice and Security. Unlike conditional early release (CER), the sentence obligation is completely extinguished. In Amsterdam, where the Amsterdam District Court issues judgments, it can provide relief in cases of local injustice.
Remission can be full (total discharge) or partial (reduced duration, e.g., from 10 to 6 years). It is rarely granted and serves as a last resort in cases of inhumane suffering or errors in proceedings before the Amsterdam District Court.
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 lists forms such as:
- 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 process, with binding advice from the Custodial Institutions Appeals Tribunal (RSJ) (Article 5). Article 119 of the Constitution safeguards this clemency. Amsterdammers can start at the Amsterdam Legal Aid Desk for guidance.
Forms of Remission Compared to Other Pardons
Remission is divided into:
- Full remission: immediate release.
- Partial remission: sentence reduction.
Comparison:
| Pardon Type | Description | Conditions | Effect |
|---|---|---|---|
| Remission | Discharge of sentence | Exceptional reasons | Sentence ends |
| Early Release | Release for remainder | Good behavior, 2/3 served | Probation period |
| Mitigation | Reduce sentence | In cases of injustice | Shorter sentence |
Steps for a Remission Petition in Amsterdam
Convicted persons, lawyers, or family may petition. Contact the Amsterdam Legal Aid Desk for assistance. Procedure:
- Submit motivated request to the Minister via the facility governor (at PI Amsterdam).
- DJI gathers data on behavior and local ties.
- RSJ provides binding advice within 8 weeks.
- Minister recommends; King decides within months.
- No appeal possible (Article 9).
Emphasize Amsterdam-specific factors such as family in the city or health issues.
Examples Relevant to Amsterdam
An Amsterdammer from the Jordaan, sentenced to 10 years by the Amsterdam District Court, receives partial remission for terminal illness to die with family. Or full remission based on new DNA evidence in an old Bijlmer case. In 2022, remission aided a seriously ill prisoner from an Amsterdam facility – often granted for illness or injustice.
Rights and Obligations under Remission
Rights:
- Full procedure (Article 4).
- Access to case file.
- Assistance via Amsterdam Legal Aid Desk.
Obligations:
- Provide complete information.
- No abuse of process.
- Comply with conditions post-remission.
Read more about pardon in Amsterdam.
Frequently Asked Questions
Can every Amsterdammer apply for remission?
No, only in exceptional cases. RSJ checks if CER suffices; minor cases from the Amsterdam District Court rarely qualify.
How long does it take in Amsterdam?
3-6 months; RSJ within 8 weeks. Local assistance speeds up motivation.
What if it's rejected?
No appeal. New petition after 1 year, with support from Amsterdam Legal Aid Desk if circumstances change.