On 1 July 2021, the Penalties and Protection Act (Wet Straffen en Beschermen) has partially entered into force. Sanne Struijk, associate professor of Criminal Law at Erasmus School of Law and endowed professor of Penology and Penitentiary Law at the University of Groningen, explains the change in the legal position of detainees.
The amendment to the law includes significant changes for detainees with regard to detention phasing and conditional release (v.i.) "Before 1 July 2021, a detainee could be released on parole after serving two-thirds of the imposed prison sentence, which is now reduced to a maximum period of two years", Struijk explains to Shownieuws. "For individuals who are sentenced to a six-year prison sentence, this does not change anything. However, it does make a substantial difference for increased sentences. In the example of a conviction of up to 30 years in prison, a possibility of release arose after 20 years in the old v.i.-system, while this possibility only arises after 28 years in the new situation."
Freedom without conditions
"An important goal of the law is to make v.i. less self-evident; detainees will have to earn their external freedom in the new system", according to Struijk. In addition to her performance at Shownieuws, Struijk indicates that there may be disadvantages associated with this amendment to criminal law. "A detainee with a 30-year prison sentence may decide to serve the two last years of his sentence, after which he is released without any conditions: without (electronic) supervision or assistance with reintegration into society". According to Struijk, it is questionable whether this is in the best interest of society.
Criticism from legal practice
Struijk also wonders how the new v.i.-system will take shape, because it will replace a properly functioning system. Struijk indicates that there is also criticism towards the amendment of the law from professional practice. "The transition period particularly presents challenges. For example, a suspect who is convicted by the court before 1 July 2021 and does not appeal against the conviction will have the right to make use of the old v.i.-system, whereas the suspect who has appealed against the conviction and, therefore, might be convicted after 1 July 2021 will be limited to the new v.i.-system."
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Watch the item in the Shownieuws broadcast of 10 July here (7:02).