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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
once again commit serious offences. 518 In order to limit this risk of re-offending, during supervision
there exists the opportunity, amongst others, to prevent the convicted perpetrator from having
contact with a certain group of people (such as children) or from visiting certain places. 519
Various means (of settlement) exist, within which (special) conditions can be imposed. The Public Prosecution
Service has the opportunity to postpone the decision as to whether prosecution will have to
take place for a certain amount of time, subject to certain set conditions: a suspended decision not to
prosecute. 520 The Public Prosecution Service is also able to issue a punishment order, which can specify
behavioural changes; in that case, the probationary period can last a maximum of one year. 521 Conditions
can also be imposed – by the court – for suspending the pre-trial detention 522 and imposing a sentence or
order, or for extending the probationary period. 523 Convicted perpetrators are able to be released on parole,
in which case certain conditions with regard to their behaviour can also be imposed. 524 The Public
Prosecution Service oversees the observance of the conditions. The probation and after-care service can
be instructed by the court to provide help and support to the convicted perpetrator to enable him/her
to adhere to the conditions. 525 In practice, it is therefore often the case that probation and after-care supervision
involves the convicted perpetrator having to comply with instructions from the probation and
after-care service. If a condition is not complied with, the court is able, at the request of the Public Prosecution
Service, to order that the sentence that was not executed should still be executed, or – whether
or not subject to maintenance or amendment of the conditions – order that a part of the sentence that
was not executed should still be executed. 526 This functions as a deterrent or as a helping hand to the
convicted perpetrator, to ensure compliance with the conditions. For sex offenders who are minors, a
different system of (suspended) sentences and orders applies, despite the fact that the conditions that
influence behaviour and supervision are, in essence, also relevant to this group of perpetrators. 527
518 Article 68c, paragraph 3(2) of the Strafgesetzbuch.
519 Article 68b of the Strafgesetzbuch states all measures that may be imposed during supervision.
520 Article 167, paragraph 2 of the Dutch Code of Criminal Procedure.
521 Article 257, paragraph 3(e) of the Dutch Code of Criminal Procedure. The Public Prosecution Service
Settlement Act entered into force on 1 February 2008, Dutch Bulletin of Acts and Decrees, 2006, 330.
522 Article 80 of the Dutch Bulletin of Acts and Decrees.
523 Article 38 of the Dutch Criminal Code. The law has recently been amended by the Act of 1 July 2010 for
the amendment of the Dutch Criminal Code and the Dutch Code of Criminal Procedure in connection
with the order for placement under a hospital order with conditions (Amendments to placement under
a hospital order with conditions), Dutch Bulletin of Acts and Decrees. 2010, 270, entered into force on
1 September 2010, Dutch Bulletin of Acts and Decrees. 2010, 308.
524 Article 15a, paragraph 2 of the Dutch Criminal Code. The probationary period commences on the day of
the conditional release, Article 15c, paragraph 1 of the Dutch Criminal Code. The probationary period of
a special condition is determined by the Public Prosecution Service, but is at the most the same as the
period for which conditional release is granted, Article 15c, paragraph 3 of the Dutch Criminal Code.
This means that the supervision of special conditions remains limited to this period.
525 Article 14d of the Dutch Criminal Code.
526 Article 14g, paragraph 1 of the Dutch Criminal Code.
527 Article 77b of the Dutch Criminal Code; see also Article 77w of the Dutch Criminal Code, the order that
influences behaviour. In §3.6.4, youth offenders are discussed in more detail.