What is Clemency?
If the court has imposed a sentence or measure on you, it is possible to request a reduction, conversion, or remission of this sentence or measure. This is called a clemency petition. Clemency is not a form of appeal. The court’s decision is therefore not reassessed.
For which Sentences Can Clemency be Granted?
Clemency is only possible for sentences or measures that are final. If you still have the option to appeal, clemency cannot be granted. First, clemency can be granted for sentences such as imprisonment, community service, and fines exceeding €340. Additionally, clemency is also possible if the court has imposed TBS (involuntary commitment) or the ISD measure (Institution for Habitual Offenders).
What are Reasons for Clemency?
Clemency is only granted if there are new circumstances that the judge was not aware of when the sentence or measure was imposed. These new circumstances must be so significant that the judge would likely have made a different decision. Examples of reasons why clemency is granted include illness, maintaining a (permanent) job, or having to care for family.
Who Grants Clemency?
Clemency is granted by the King. Before the King decides on the request, the judge and the Minister of Justice and Security advise on the clemency petition. In some cases, advice is also sought from the Public Prosecution Service.
What Happens to your Sentence after the Clemency Petition is Filed?
In some cases, the execution of the sentence or measure is postponed until a decision is made on the clemency petition. This is the case, for example, when it concerns a prison sentence of 6 months or less, a fine, or community service.
If your clemency petition is rejected, you must still serve your sentence. A new clemency petition can only be submitted one year after the rejection. If the clemency petition is granted, the sentence or measure may be reduced, remitted, or converted into another sentence. For example, a prison sentence could be converted into community service. A condition may also be set that you must maintain contact with the probation service.
Why is it Advisable to Engage a Lawyer for a Clemency Petition?
If you want to file a clemency petition, it is advisable to contact one of our criminal defense lawyers. We can advise you on the possibilities in your criminal case. Moreover, we help you submit a legally substantiated clemency petition. Our lawyers have specialized knowledge. Through experience in these procedures, they know how to significantly increase your chances of success in this process. You can contact us at any time without obligation.
