Conditional Sentence at the District Court of Amsterdam
A conditional sentence is a penalty imposed by the judge at the District Court of Amsterdam, but the execution of which is temporarily suspended. This comes with strict conditions and a probation period. If you comply with all requirements, you never have to serve the sentence. In Amsterdam, this is often applied in minor offenses, such as bicycle theft or minor traffic violations, to prevent recidivism and offer residents a second chance in the vibrant city.
Legal Basis for Residents of Amsterdam
The rules on conditional sentences are set out in the Criminal Code (CC), articles 1a to 1f. Article 1a CC allows the District Court of Amsterdam to impose penalties on a conditional basis with a two-year probation period. Exceptionally, this may be extended by one year to a maximum of three years (article 1b(2) CC). Additional conditions are possible, such as reporting requirements to the Probation Service Amsterdam, a ban on alcohol or drugs, or no contact with victims (article 1b CC). For TBS-like orders, article 14a CC applies. This provides the District Court of Amsterdam with flexibility to tailor penalties to local circumstances without unnecessary prison sentences.
Application in Amsterdam Cases
The judge at the District Court of Amsterdam (Zuidas or Noord location) decides on the conditional nature in the judgment, particularly for first-time offenses such as theft from a canal-side shop, traffic fines involving injury, or minor domestic disputes. Consideration is given to your criminal history, risk of reoffending, and Amsterdam context, such as employment or housing in the city.
Example from Amsterdam 1: For stealing a bicycle in the Jordaan, you receive a 4-week custodial sentence suspended for 2 years on probation, plus an anti-theft training course via the Probation Service Amsterdam. If you complete it, you remain free.
Example from Amsterdam 2: Following an assault during King's Day, you get a 2-month suspended custodial sentence, with an alcohol ban and weekly reporting to the Probation Service Amsterdam. Stay clean and compliant, and the sentence lapses.
Probation Period and Conditions in Practice
The probation period starts immediately after the ruling by the District Court of Amsterdam. You must follow general and special rules:
- General conditions: No new criminal offenses (article 1a(2) CC).
- Special conditions: For example, exclusion zone around Dam Square, electronic monitoring, or therapy (article 1b CC).
The Probation Service Amsterdam provides supervision and guidance. The public prosecutor may end the probation period early for good behavior (article 1d CC).
Comparison: Conditional vs. Unconditional
| Aspect | Conditional Sentence | Unconditional Penalty |
|---|---|---|
| Execution | Deferred, only upon breach | Immediate or after appeal |
| Probation Period | 2-3 years | Not applicable |
| Supervision | Often Probation Service Amsterdam | No standard monitoring |
| Purpose | Reintegration in Amsterdam | Punishment and deterrence |
Revocation: Consequences of Breach
If you breach the rules, the District Court of Amsterdam may revoke the sentence (article 1c CC) at the public prosecutor's request. Reasons include:
- A new offense during the probation period.
- Breach of special conditions.
- Violation of general rules.
Amsterdam Example: A new fine for public urination on the Wallen leads to enforcement of the sentence, adjusted for time served.
You are entitled to a hearing with the opportunity to be heard; seek assistance from a lawyer via the Amsterdam Legal Aid Office for your defense.
Rights and Obligations for Residents of Amsterdam
Rights:
- Assistance from a pro bono lawyer.
- Access to your file at the Probation Service Amsterdam.
- Request for early termination (article 1d CC).
Obligations:
- Report to the Probation Service Amsterdam.
- Comply with conditions.
- No new offenses, even at events like Pride.
Contact the Amsterdam Legal Aid Office for free advice at IJdok or by phone.
Frequently Asked Questions
Can a conditional sentence be discharged?
Yes, upon successful completion of the probation period, the sentence lapses (article 1e CC). It remains on your criminal record unless a Certificate of Conduct exemption is granted after 5 years.
Difference from conditional release?
A conditional sentence prevents execution of the penalty; conditional release (article 15 CC) follows partial serving of the sentence. Read our article on Probation Period for Conditional Release in Amsterdam.
May I travel from Amsterdam?
Depends on conditions. No exclusion zone? Notify the Probation Service Amsterdam; otherwise, risk of revocation.
Visible to employers in Amsterdam?
Yes, in Certificate of Conduct checks, unless the offense is irrelevant to the job.