PENALTIES AND MEASURES EXAMPLES
If the judge finds the facts proven, he will issue a conviction and sentence and/or measure. The penalties can vary depending on the severity of the facts, the extent to which mitigating circumstances can be withheld and whether there is legal recurrence, among other factors.
When the judge finds the facts proven, he will issue a conviction and sentence. One of those possible punishments, may be a fine. Then you must pay a certain amount of money to the State. The exact amount of the fine is determined by the judge. However, this amount must always be multiplied by the so-called "opdeciemen" (a kind of indexation of fines; e.g., in 2022 the pronounced fine must be multiplied by 8). A fine can be the only punishment you have to serve, in which case it is called the main punishment. It appears on your criminal record. But the judge may also decide to impose another punishment along with the fine, such as imprisonment, so that your fine is only an additional punishment. The judge also always provides for a substitute prison sentence, which can be enforced if you do not pay the fine. In that case, some of your income or property may also be seized.
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A judge may sentence you to a custodial sentence, better known as a prison sentence. Then you will have to serve your sentence under certain conditions in a penal institution or through electronic monitoring (ankle bracelet).If you have already been sentenced to pre-trial detention, those days will be deducted from the length of the prison sentence handed down.
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One modality of deprivation of liberty involves electronic surveillance.In electronic surveillance, you are given an ankle bracelet. A surveillance box is installed at your residence address, which transmits a signal to the center that monitors whether you are home at the predetermined times.
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If the judge issues a suspended or suspended sentence, he may attach conditions to it. The autonomous probation sentence means that you comply with conditions for a certain period of time. Each time, it is about probation conditions. These are individualized conditions aimed at preventing recidivism. Guidance is provided by the judicial assistant.
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When the judge finds the facts proven, he will pronounce a punishment. He has the option of pronouncing a fine or imprisonment with (partial) postponement. This means that the execution of the sentence will not take place if the convicted person does not re-offend during a certain probation period. Thereby, the judge can also attach individual probation conditions to this postponement. If the convict respects the conditions and thus successfully completes probation, the sentence will expire. The sentence will no longer have to be carried out.
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In principle, when the judge finds the facts proven, he will issue a conviction and sentence. However, it is possible for him to suspend sentencing. That is, he considers the facts proven, but does not pronounce sentence during a probationary period of one to five years. Additional probation conditions may be attached to this probation period. If the probation period is successfully completed, no further sentence will be pronounced.
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When the judge finds the facts proven, he will issue a conviction and sentence. It is possible to impose community service in many cases. However, community service cannot be imposed when convicted of murder, manslaughter, rape or sexual assault, among others. The community service must be performed within 12 months. Specifically, you will have to do activities in your spare time for the benefit of society, for example, with the green spaces department or the municipality. The justice assistant will assist and monitor you in this process. If you do not perform the community service fully or correctly, the judicial assistant will report this to the probation commission. The prosecutor may then decide that the substitute punishment - being imprisonment or a fine - must be carried out.
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