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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
a destructive relationship. The majority of clients (65%) have difficulties keeping going and half (52%)
have psychological problems. 66% are socially awkward/inept and 69% are unable to understand the
problems they have. A fifth have no understanding of their own criminal behaviour and 8% are not
motivated to change. Please refer to Appendix 4, Table B4.29 for more RISc data with regard to these 453
clients with offenses related to child pornography. 685
3.6.6 Conclusion
The judicial limits for the possibilities of supervision
The possibilities for supervision that have been presented in this chapter focus specifically on supervision
and after-care within the judicial framework. This framework also has its limits. In the event that a
custodial sentence is imposed with a term longer than four years, no part of this may be suspended and
special conditions cannot therefore be associated with this. Supervision and after-care are therefore also
not possible in this form. 686 Supervision of a convicted sex offender can also no longer be provided after
execution of the sentence. Unless placement under a hospital order has been imposed, if a convicted
perpetrator has served their sentence or if the VI period has expired, it is not now possible to enforce
supervision and treatment within a judicial framework. From a scientific point of view, it is regretted
that there is no longer a compulsory framework for supervision and treatment. It is also interesting that
the State Secretary for Security and Justice has now indicated the need to carry out research into the possibility
of extending life-long supervision to the supervision of sex offenders who have completed their
course of treatment under a hospital order. 687
Current approach towards after-care and supervision
An integrated approach surrounding convicted sex offenders is lacking. Probation and after-care, the
police, the Public Prosecution Service, municipalities, penal institutions, the Ministry of Security and
Justice and the Ministry of the Interior and Kingdom Relations, scenario teams, Safety Houses, the Employee
Insurance Agency, the Centre for Work and Income and community organisations such as housing
associations and care institutions all play a role within the after-care and supervision of (convicted) sex
offenders, and conflicts are sometimes unavoidable. For example, an exclusion order issued by a municipality
to prevent social unrest can, at the same time, hinder probation and after-care supervision. At
the same time, the institutions involved in the implementation are confronted with the complexity of
the phenomenon of child pornography, incomplete policies and problems in the implementation itself.
In the course of their day-to-day work, these institutions have to deal with analogue and digital aspects
of convicted offenders, various types of offenders (high and low likelihood of re-offending, individuals
who view as well as those who produce child abuse material) and other dimensions of time and space
(convicted offenders who commit criminal offences online at night or who travel to other countries for
long periods of time). The lack of a uniform national framework for the matter of after-care and supervi-
685 This table also indicates how many values are missing per question.
686 Article 14a of the Dutch Criminal Code. In the event that a custodial sentence is ordered with a maximum
term of two years, the court is able to order that the sentence is not carried out, either with regard
to the whole sentence or for a part of it. If the custodial sentence that is ordered has a term of more
than two years and a maximum of four years, only a part of the custodial sentence may be imposed in
the form of a suspended sentence.
687 See §3.6.2.