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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
Convictions on appeal according to sentence imposed
Figure 3.23 provides an overview of the sentences that were imposed in the cases settled on appeal that
resulted in a conviction in the total period from 2005-2009. 487
Figure 3.23 Convictions on appeal according to sentence imposed (total 2005-2009)
43%
9%
1%
47%
Non-suspended or partially
suspended custodial sentence
Suspended custodial sentence as
the most severe main sentence
Community service order as
the most severe main sentence
Fine as the most severe main sentence
On average, a custodial sentence is imposed in 90% of all cases in which a judgment is handed down on
appeal. 488 This involves a fully non-suspended or a partially suspended custodial sentence (47%) slightly
more often than a fully suspended custodial sentence (43%). 53% of the cases involve a community service
order being imposed and in 9% of cases, the community service order was also the most severe main
sentence imposed. The combination of a fully suspended custodial sentence with a community service
order occurs most often – 59 times in total (39%). In comparison with the sentences imposed in first
instance, 489 more severe main sentences are imposed on appeal. A possible explanation for this is that the
more serious cases more frequently lead to an appeal. BNRM has not investigated this in further detail.
Non-suspended or partially suspended custodial sentences handed down on appeal according to term category
Figure 3.24 provides an overview of the term of the non-suspended component of the non-suspended or partially
suspended custodial sentences in the cases in which an appeal was lodged between 2005 and 2009. 490
Figure 3.24 Non-suspended or partially suspended custodial sentences handed down on appeal
according to term category (total 2005-2009)
14%
4%
32%
7%
6%
15%
14%
8%
0-3 months
4-6 months
7-9 months
10-12 months
>1-2 years
>2-3 years
>3-4 years
More than 4 years
487 Please refer to Appendix 4, Table B4.22 for the table containing the complete summary of this data.
488 Either custodial sentence or juvenile detention.
489 See Figure 3.17.
490 Please refer to Appendix 4, Table B4.23 for the table containing the complete summary of this data.