Freedom-Restricting Measure in Amsterdam
In Amsterdam, a freedom-restricting measure is a popular custodial substitute within Dutch criminal law. It limits the convicted person's freedom of movement without imprisonment, ideal for residents of this vibrant city. Examples include electronic monitoring or bans on locations such as the Jordaan or contact with victims. The District Court of Amsterdam imposes them for minor offenses to prevent recidivism and support work or study in the city, as an alternative to short-term detention.
Legal Basis
These freedom-restricting measures have been enshrined since the Act of 23 December 2004 in Title IIIA of Book 1 of the Criminal Code (Sr), articles 15c to 15i. They replace custodial sentences of up to two years maximum (art. 15c(1) Sr). The District Court of Amsterdam decides based on a pre-trial report, taking into account the suspect's background, the offense in the Amsterdam context, and recidivism risks.
They fit into 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), as they serve as substitutes. Often linked to a probationary period (art. 1b Sr), with supervision by the Probation Service Amsterdam.
Types of Freedom-Restricting Measures
In Amsterdam, there are three primary forms:
- Electronic Monitoring (EM) (art. 15d Sr): An ankle bracelet monitors your stay at home in neighborhoods like the Bijlmer or Centrum. Exceptions for work at the harbor or study at the UvA.
- Location and Contact Bans (LCB) (art. 15e Sr): Prohibitions near places like the victim's address in Oud-Zuid or contact with involved parties – an extension of the standard contact ban.
- Suspension of Conditional Collection of a Fine (SCCF) (art. 15f Sr): Fine deferral with conditions such as reporting duties to the Municipality of Amsterdam or behavioral programs.
Conditions for Imposition and Duration
The District Court of Amsterdam imposes a measure for sentences up to two years, provided compliance seems feasible in the urban environment. Duration matches the sentence at most, never exceeding two years; EM minimum 14 days. The Probation Service Amsterdam executes and monitors compliance (art. 15g Sr), with proposals for adjustments in case of issues.
Practical Example 1: Electronic Monitoring in Amsterdam
Suppose Mr. Jansen steals from an Albert Heijn in De Pijp (art. 310 Sr). The prosecutor demands 4 months' imprisonment; the judge opts for 4 months' EM. Jansen stays home with an ankle bracelet, only allowed to go to his job in West. After two months, it runs smoothly, and the measure is successfully completed.
Practical Example 2: Location Ban
Ahmed receives an LCB after domestic violence in Noord (art. 304 Sr): no access within 500 meters of the ex-partner's address. Violation leads to imprisonment, but it provides peace for the victim and prevents escalation in the neighborhood.
Rights and Obligations
Rights of the Convicted Person
- Hearing and right of reply before imposition by the District Court of Amsterdam (art. 15c(3) Sr).
- Legal assistance via the Amsterdam Legal Aid Office; a lawyer advocates for milder options.
- Request for adjustment in case of changes (art. 15h Sr).
- Privacy protection: ankle bracelet data remains limited in access.
Obligations of the Convicted Person
- Strictly comply with conditions, such as staying home during EM.
- Cooperate with the Probation Service Amsterdam.
- Report changes in address or employment, e.g., upon moving within Amsterdam.
- Violation: substitution lapses, original sentence follows (art. 15i Sr).
Comparison with Other Penalties
| Aspect | Freedom-Restricting Measure | Imprisonment | Community Service |
|---|---|---|---|
| Purpose | Reintegration, recidivism prevention | Punishment, retribution | Restoration, work |
| Duration | Max. 2 years, flexible | Fixed, min. 1 day | Max. 240 hours |
| Location | Freedom restricted at home/outside | Full detention | Free, with work |
| Costs | Low for the state (no cell) | High (incarceration) | Average |
| Recidivism Effect | Good with motivation | Moderate | Good |
Frequently Asked Questions
Can a freedom-restricting measure in Amsterdam be converted to imprisonment?
Yes, non-compliance causes the substitution to lapse and the original sentence to follow (art. 15i Sr). The Probation Service Amsterdam advises the judge.
Who pays for the ankle bracelet in EM in Amsterdam?
The state pays; you cooperate with installation by the Probation Service Amsterdam.
What if you move during EM in the city?
Report immediately to the Probation Service Amsterdam for judicial adjustment (art. 15h Sr), e.g., to a new neighborhood.
Does this apply to Amsterdam traffic offenses?
Yes, such as joyriding on the A10 or reckless driving, for short sentences with reintegration potential.
Tips and Recommendations for Amsterdammers
- Seek local legal advice: Visit the Amsterdam Legal Aid Office or a criminal lawyer to plead for this measure. Free initial consultation possible.
- Follow Probation Service Amsterdam: Attend therapy or courses via the Municipality of Amsterdam for better compliance.
- Document everything: Keep proof of work, appointments, and contacts for audits.