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Implementation
Conditions
When suspended sentences are imposed, general 528 conditions are then imposed, and special conditions
that are linked to an associated probationary period may also be imposed. During the probationary period,
the convicted perpetrator must comply with the special conditions, and is subject to probation and after-care
supervision. The list of possible special conditions available under the law is non-exhaustive. In practice,
the behavioural condition 529 is employed, amongst other things, for the enforcement of a street ban, the
enforcement of outpatient treatment and compliance with instructions from probation and after-care in a
general sense. Instruction from probation and after-care services can also include outpatient treatment, such
as attending a day programme at a clinic or undergoing treatment at a department of the Netherlands Institute
for Psychological Care and Addiction Care, in so far as and for as long as the probation and after-care staff
considers this to be necessary. 530 An obligation to undergo such treatment can therefore either be included
in the judgment itself, or can be left to the probation and after-care services for further implementation.
Term of probationary period
The maximum term of the probationary period for a suspended sentence is two years for the special
conditions relating to bail and the behavioural condition. For all other conditions (payment of damages,
admission to a care institution and paying a sum of money into the Criminal Injuries Compensation
Fund), the maximum term of the probationary period is three years. Since the Maximum Sentences (Renew)
Act entered into force on 1 February 2006, a probationary period with a maximum term of ten years
may be imposed in certain cases for all conditions, in the event that it is necessary to seriously take into
account the likelihood that the convicted perpetrator will once again commit an offence that is directed
towards, or will present a risk to, the physical inviolability of one or more persons. 531 This possibility has
been included in the law in order to be able to monitor the convicted perpetrator for a longer period
of time, for example in certain cases of sexual abuse or for cases involving offenders with psychological
disturbances. This long probationary period will be particularly important for certain behavioural conditions
such as outpatient treatment or instructions from probation and after-care services. 532
Conditions for convictions for child pornography
In cases involving child pornography, the individual may have been charged with the production of child
abuse material or with having committed sexual abuse. Besides treatment, the special condition in the
form of a contact ban or street ban can then be imposed, for example, with a probationary period which
may last up to ten years. In case law involving other sexual offences in addition to acting in breach of
528 The general condition is that the convicted perpetrator does not commit a criminal offence prior to the
end of the probationary period. This condition applies by law; see Article 14c, paragraph 1 of the Dutch
Criminal Code. Examples of special conditions include the payment of compensation, admission to a
care institution, bail, payment to the Criminal Injuries Compensation Fund or other special conditions
such as a behavioural condition, Article 14c, paragraph 2 of the Dutch Criminal Code.
529 Article 14c, paragraph 2(5) of the Dutch Criminal Code.
530 Cleiren & Verpalen (ed.), Tekst en Commentaar Strafrecht [Text and Commentary on Criminal Law], 2010,
Article 14c, paragraph 2(5) of the Dutch Criminal Code, p.90, with reference to Supreme Court, 26 June
1984, Dutch Law Reports 1985, 139 and Supreme Court, 2 October 2001, Dutch Law Reports 2002, 187.
531 Article 14b, paragraph 2 of the Dutch Criminal Code.
532 Cleiren & Verpalen (ed.), Tekst en Commentaar Strafrecht [Text and Commentary on Criminal Law], 2010,
Article 14b of the Dutch Criminal Code, p.83.
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