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204 <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.
Implementation In 44% of all cases, the non-suspended component of the custodial sentence is no longer than one year. In a quarter of cases, it involves a term of more than two years. In comparison with the term of the non-suspended custodial sentences imposed in first instance, 491 custodial sentences with a longer term are imposed more often on appeal. This also applies to the term of the community service orders (see Figure 3.25 in comparison to Figure 3.19). In this case it is also possible that this can be explained by the assumption that more serious cases more frequently lead to an appeal. Community service orders handed down on appeal according to term category Figure 3.25 provides an overview of the term of the community service orders that were imposed in the cases in which an offender was convicted between 2005 and 2009. 492 Figure 3.25 Community service orders handed down on appeal according to term category (2005-2009) 71% 1% 28% 1-120 hours 121-240 hours More than 240 hours The majority of cases (71%) involve non-suspended community service orders of between 121 and 240 hours. 28% of the cases involve a shorter term, and suspended community service orders are not imposed on appeal. 3.5.4.4 Characteristics of suspects and persons convicted Number of suspects and persons convicted Please refer to Figure 3.7 (Number of cases registered with the Public Prosecution Service) for details of the development in the annual number of suspects registered with the Public Prosecution Service. The development in the number of individuals sentenced in first instance can be seen in Figure 3.14 (Number of cases concluded in first instance – second line from the top: Number of convictions/convicted persons). Gender of suspects and persons convicted Almost all the suspects as well as the individuals sentenced are men (98% and 99% respectively). 493 491 See Figure 3.18. 492 Please refer to Appendix 4, Table B4.24 for the table containing the complete summary of this data. 493 Please refer to Appendix 4, Tables B4.25 and B4.26 for the tables containing the complete summary of this data. 205
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0 Table of Contents Table of Conten
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Table of Contents 3.5.4.4 Character
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0 Overview of figures and tables Fi
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0 Abbreviations used ABRvS Afdeling
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Abbreviations used EU European Unio
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NIP Nederlands Instituut van Psycho
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Trb. Tractatenblad Treaty Series UK
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4 Conclusions and recommendations 4
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Figure 4.1 Intervention model Inter
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Implementation processes Prevention
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Appendix Appendix 1: COPINE scale A
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A2 Justification of research method
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342 Score 1 Score 2 Scale 12 Attitu
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